Disciplinary Procedure
Scope of this chapter
This Disciplinary Procedure is designed to help employees achieve and maintain acceptable standards of work, attendance and conduct and also explains the course of action to be followed where standards are not being met. Its primary objective is to assist and encourage employees to become involved in the procedure to meet their required improvements.
This Disciplinary Procedure complies with the ACAS Code of Practice on Disciplinary Procedures and is indicative of how we wish to deal with disciplinary matters where an employee has passed their probationary period and been confirmed in post. The Disciplinary Procedure does not, however, constitute a contractual right.
Relevant Regulations
| ENGLAND | WALES |
|---|---|
| To follow. | The Regulated Services (Service Providers and Responsible Individuals) Regulations 2017 Regulation 39 |
In many cases the right word at the right time and in the right way may be all that is needed and a satisfactory method of dealing with a breach of discipline or unsatisfactory conduct. In those circumstances this Procedure will not be used.
No disciplinary action will be taken against an employee until the case has been fully investigated.
At every stage in the procedure the employee will be advised of the nature of the complaint against him or her and will be given the opportunity to state his or her case before any decision is made.
The employee will have the right to be accompanied by a trade union representative or work colleague at any formal meeting or hearing.
No employee will be dismissed for a first breach of discipline except in the case of gross misconduct (see Employee Handbook for examples of Gross Misconduct) when the penalty will be dismissal without notice or payment in lieu of notice.
An employee will have the right to appeal against any disciplinary penalty imposed.
The procedure may be implemented at any stage if the employee's alleged misconduct warrants such action.
Please see Employee Handbook for full details of the Disciplinary Procedure.
Note: If a member of staff is not suspended but is moved to another post, leaves of his/her own accord, retires or hands in their notice as a result of an allegation or suspicion of abuse or child mistreatment, it is a Schedule 5 Notification is required; the Regulatory Authority, Placing Authority, Social Care Wales (for homes in Wales) and, in consultation with the Local Authority Designated Officer (LADO), consideration should be given to notifying The Disclosure and Barring Service. This applies even if the allegation/suspicion is on the face of it unfounded.
If an employee's contract is terminated on the grounds of mistreatment or abuse of a child, the Disclosure and Barring Service should be notified, in consultation with the Placing Authority, Regulatory Authority and Local Authority Designated Officer (LADO) in the area where the home is located.
Please See Employee Handbook for details of the Appeals Procedure.
Please see Employee Handbook for details of the Appeals Procedure.
Last Updated: July 9, 2024
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