Disciplinary Procedure
Disciplinary Procedure Reviewed By
Approved By
Date of Approval
Version Approved
Next Review Date
BCET Board
Richard Wightman Michele Sutton
03 07 14
V1.1
2015/16 Term 2
1 BCET_Disciplinary Procedure Policy – July 2014
1.0
Introduction
1.1
Bradford College Education Trust (BCET) requires appropriate standards of conduct from its employees. The purpose of this procedure is to help and encourage improvements in conduct.
1.2
This procedure is designed to ensure that all employees are treated fairly, reasonable and consistently and that disciplinary proceedings are conducted in a timely manner and as confidentially as possible.
1.3
For all staff, the BCET Staff Code of Conduct along with the BCET Child Protection Policy are key documents that outline what constitutes acceptable standards of performance and behaviour.
2.0
General Principles
2.1
This disciplinary procedure will be used where an employee’s work or conduct is alleged to be unsatisfactory. It should be checked with your HR representative whether a concern should be dealt with under the disciplinary or capability procedures.
2.2
In minor cases of alleged misconduct the manager should initially seek to resolve the matter informally with the employee.
2.3
No disciplinary action will be taken against an employee until the case has been fully investigated.
2.4
This procedure may be implemented at any stage if the employee’s alleged misconduct warrants such action.
2.5
The timing and location of meetings will be reasonable. An employee may seek a postponement of a hearing and propose an alternative time if their chosen trade union representative or work colleague is not available. The alternative time proposed by the employee must be reasonable and fall within 5 working days beginning the first day after the day proposed by the employer.
2.6
Before any disciplinary decision is made regarding an employee, the employee will be advised of the allegations against him/her and will be given the opportunity to state his/her case.
2.7
The employee will be notified in writing with all documentary evidence of the allegations to be answered at least 5 working days before the hearing.
2.8
All written information relevant to any hearing or appeal hearing should be circulated by all parties at least 5 days in advance.
2.9
No employee will be dismissed for a first breach of discipline except in the case of gross misconduct. 2
BCET_Disciplinary Procedure Policy – July 2014
2.10
Gross misconduct is generally seen as misconduct serious enough to damage the contract between the employer and employee, making any further working relationship and trust impossible. Each case will be reviewed in terms of severity and circumstances. Examples of gross misconduct include, but are not limited to the following: • Attempting, abetting and/or actual theft, fraud, deliberate falsification of records e.g. abuse of sick pay, handling stolen goods, falsification of an expense claim, report, register, student records. • Theft or unauthorised possession of any property or facilities belonging to the Trust, or to any employee or student. • Dishonesty, bribery or corruption. • Submission of false references/information or failure to disclose relevant information when requested in connection with a job application. • Deliberately accessing internet sites containing pornographic, offensive or obscene material. • Violent, dangerous or intimidatory conduct. • Sexual, racial, bullying or other harassment of another employee or pupil. • Deliberate damage to Trust, pupil or employee’s property. • Disorderly or indecent behaviour e.g. fighting or assault on a learner or employee, discrimination, rudeness. • Serious act of insubordination e.g. persistent or substantial failure to follow standards, rules, policies or procedures, refusing to carry out/obey a safe, lawful and reasonable instruction/request. • Serious negligence/incompetence which causes unacceptable loss, damage or injury. • Serious breach of confidence/confidential information. • Being concerned or interested in action which is damaging or in competition with the business of the Trust. • General fitness for duty e.g. reporting for work under the influence of alcohol, drugs or other substances that may affect work performance and/or conduct. • Serious breach of health and safety rules. • Breach of Trusts duty of care to children under child protection legislation. • A criminal offence, which may (whether committed during or outside the employee’s hours of work for the Trust) adversely affect the Trusts reputation, the employee’s suitability for the type of work he or she is employed by the Trust to perform or his or her acceptability to other employees or students. • Bringing the Trust into serious disrepute. NB In all circumstances teachers are entitled to a minimum of 4 weeks pay – see Local Conditions of Service paragraph 4.6 as adopted by Project Steering Group (PSG).
2.11
At all formal stages of disciplinary proceedings, the employee will have the right to be accompanied, including during investigation meetings and at appeal hearings by one representative who will be a work colleague, trade union representative or full time trade union official.
2.12
The Trust will permit a colleague to take a reasonable amount of paid time off during working hours to act as a representative to another of its staff.
2.13
Where the official or representative is unknown to the Trust, it is reasonable for a manager to request that a full-time trade union official or a trade union representative provides evidence that s/he is certified by the union as having 3
BCET_Disciplinary Procedure Policy – July 2014
experience of, or having received training in acting as a companion at such hearings. 2.14
Written notes of meetings will be taken and copies of these notes will be sent to the employee. Meetings will not be recorded and covert recording is not allowed and will be regarded as an unacceptable breach of trust and confidence and is likely to result in disciplinary action;
3.0
Procedure
3.1
Informal Procedure
3.1.1
Following an allegation, the line manager or in the case of a Principal/Director the Chair of Governors will discuss the incident with the employee concerned at the earliest opportunity.
3.1.2
The majority of minor problems concerned with misconduct will normally be corrected through effective communication and support by the line manager as soon as possible after the alleged misconduct. All support will be documented.
3.1.3
In most cases, there will be no requirement to resort to formal disciplinary proceedings. However, formal disciplinary proceedings will take place if it is decided that further support will not bring about the improvement required, or the alleged misconduct warrants immediate formal disciplinary action owing to the serious nature of the incident and/or there is clear breach of standards and/or procedures.
3.1.4
In cases of misconduct where informal support/intervention is appropriate, the employee and line manager will meet to: • • • • • •
agree areas for improvement, what actions should be taken, and who will be involved, identify any support and/or training as required set SMART (Specific, Measurable, Achievable, Realistic and Timely) objectives, set a review date(s), incorporate all details on an improvement plan, prepare a file note of the meeting and keep it with a copy of the action plan.
3.1.5
Where it is clear that the employee has not met the required objectives, despite support, the line manager will collate all the relevant evidence and this will form part of the formal investigation.
3.1.6
If at any time during the improvement plan period it becomes clear that the satisfactory standard will not be met, or the employee refuses to co-operate the line manager can move to the formal procedure.
3.2
Formal Procedure
3.2.1
The employee will be advised in writing of the nature of the alleged misconduct and will be given the opportunity to answer the allegation during the investigation.
4 BCET_Disciplinary Procedure Policy – July 2014
3.2.2
Investigation A comprehensive investigation is an essential part of all disciplinary proceedings. It secures fairness for the employee by providing the opportunity to explain his or her alleged misconduct and enables the investigating manager to gather all the available evidence and to take a view as to whether or not it is appropriate to hold a formal disciplinary hearing. Investigations will be conducted as soon as possible after the alleged misconduct and as a priority. The Principal/Director will appoint the investigating manager. If, after the investigation, it is decided, by the investigating manager, that there is a case to answer at a disciplinary hearing, the employee will be notified.
3.2.3
Suspension In exceptional circumstances consideration may be given to removing the member of staff from their place of work (i.e. suspension) at the outset of the investigation or at any stage during the course of the investigation. Every effort should be made to avoid lengthy periods of suspension. The decision to suspend and the conditions of suspension will be reviewed initially after a period of 1 month and subsequently on a monthly basis. The suspended employee will be informed of the outcome of each review. Any representations received from the employee or the employee’s trade union representative will be considered at each review.
3.2.4
Disciplinary Hearing The employee will be notified in writing that they are required to attend a disciplinary hearing at least 5 working days prior to the hearing in order to give the employee the opportunity to prepare his/her case. All written evidence must be available to all parties at least 5 working days prior to the hearing. The hearing will be chaired by the Principal/Director who will be supported by an HR representative. The Principal/Director will make a recommendation of any disciplinary actions to the Chair of Governors. All disciplinary actions will be confirmed in writing. In the case of the Principal/Director the hearing will be chaired by the Chair of Governors supported by the HR representative. The Chair of Governors will make a recommendation of any actions to the Chair of the Board of Directors.
3.2.5
Right to Appeal An employee will have the right to appeal against any disciplinary action by writing to the Clerk to the Governing Body within 10 calendar days of the date of the hearing outcome letter (excluding summer break). The appeal will be heard by a panel of three governors or in the case of the Principal/Director three Board Directors not involved in the procedural stages. All appeals must set out the grounds in writing on which the employee is making the appeal. Potential grounds of appeal could include that:
5 BCET_Disciplinary Procedure Policy – July 2014
•
new evidence has come to light that should be investigated;
•
the sanction imposed was too severe or disproportionate to the misconduct;
•
the sanction was inconsistent with one imposed for similar misconduct committed by another employee;
•
there was unfairness or bias among the original decision-makers;
•
the employer has not taken into account a previously exemplary disciplinary record; or
•
procedural failings
The outcome of any appeal will be confirmed to the employee in writing and will take one of three forms: • • •
the original decision was upheld, in which case any disciplinary action will be confirmed; the original decision may be overruled, in which case any disciplinary action will be rescinded; the original decision may be substantially confirmed but a less severe action may be substituted for that originally imposed (usually in cases of appeals based on extenuating circumstances). The disciplinary action cannot be increased.
The outcome of the appeal will be final and binding. Disciplinary proceedings can sometimes be hampered by an unwillingness to cooperate and in particular non-attendance at interviews and/or hearings. If an employee fails to attend an arranged interview and/or hearing, depending on the grounds put forward for non-attendance, it may be sensible to grant one postponement, but there will come a point where it is reasonable for the manager to proceed in the employee’s absence. Before the manager reaches this stage, the employee will be given a clear warning that the investigation and/or hearing will go ahead if he or she fails to attend. Where the reason for failure to attend is ill-health, the manager will require medical evidence from Occupational Health as to the nature of the illness and when the individual is likely to be fit to attend a meeting. In most cases, it would be unreasonable to go ahead if the medical evidence suggested a return to work was imminent. If a return to work is a more distant prospect or fitness to attend a meeting, then the manager will consider carefully the appropriate course of action, taking into account factors such as the seriousness of the alleged misconduct, the delay that has already occurred, the effect on parties involved of a further delay, and any prejudice likely to be caused to either party. The employee may allow his or her representative to attend the hearing in his or her absence or it may also be necessary to consider alternative ways of investigating/hearing the matter, such as allowing the employee to put forward a written statement or, with the individual’s consent, arranging a home visit or a meeting at a neutral location away from Trust premises. 4.0
Levels of Disciplinary Action
6 BCET_Disciplinary Procedure Policy – July 2014
4.1
At the informal stage line managers will discuss minor shortfalls in conduct with individuals and give support and guidance on achieving an improvement as outlined in paragraph 3.1.4. When the matter is more serious or improvement has not been achieved, if, at the disciplinary hearing, it is felt that misconduct has occurred, the following disciplinary actions will apply: Level 1 - A verbal warning may be given where the case is of sufficient importance or seriousness to bring to the attention of the employee formally. The time limit shall be 26 working weeks from the date of the decision. Level 2 - A written warning may be given where the case has already involved a first warning and insufficient improvement has been made, where further misconduct has occurred, or where the case is of sufficient importance or seriousness. The time limit shall be 39 working weeks from the date of the decision. Level 3 - A final warning may be given where the case has already involved a written warning and insufficient improvement has been made, where further misconduct has occurred or where the case is of sufficient importance or seriousness. This also stands where gross misconduct may not warrant dismissal for example due to mitigating circumstances. The time limit shall be 52 working weeks from the date of the decision. However in exceptional circumstances misconduct may be so serious that if repeated at any time in the future the likely consequence is dismissal. The person/s making the decision may impose a final written warning and specify that such a warning will remain in force for as long as the employee’s employment with the Education Trust exists. Level 4 – Dismissal. An employee is likely to be dismissed where the case has already involved the final warning and insufficient improvement has been made or where further misconduct has occurred or where the case is so serious as to constitute gross misconduct or where there is some other substantial reason.
5.0
The Decision Letter
5.1
A letter detailing the decision will be given to the employee and a copy placed on their personnel file, if a warning is issued.
5.2
Following the outcome of the hearing the decision letter will state:i) ii) iii) iv) v) vi)
the decision i.e. that there is no case to answer or the appropriate level of disciplinary sanction; the reason for the decision; the course of action to be followed by the employee. time scale in which improvement is required, if applicable. where assistance is required, the assistance which will be made available to the employee e.g. training and guidance. the date on which the warning will elapse (see section 4)
7 BCET_Disciplinary Procedure Policy – July 2014
vii) viii)
that further disciplinary action will be considered if there is further misconduct or insufficient improvement within the timescale of the warning the right of appeal against the decision and how to exercise that right (See Section x).
If the warning is a final warning it will also state that if the employee’s conduct continues to be unsatisfactory or if there is further misconduct it may lead to dismissal. 6.0
Other Provisions
6.1
The same procedures apply with regards to disciplinary action against a trade union representative; however, the appropriate full-time official will be notified by them before any disciplinary action takes place. The purpose is to give reasonable opportunity for the full-time officer both to satisfy themselves that the action is for a bone fide disciplinary reason and not related to the discharge of Trade Union responsibilities and to provide representation. Where suspension from duty is felt to be appropriate, that can take place immediately, but the full time officer must be notified as soon as possible that this action has been taken.
6.2
When investigating an allegation against a member of staff affiliated to a professional body, it may be necessary to notify the professional body. Please contact your HR representative for further guidance.
6.3
A criminal offence, whether committed during working time or outside work, will be treated very seriously. It is important that the reputation of the Trust, and general safety and wellbeing of staff, students and the general public are protected at all times. Employees are required to inform the Trust if they are charged or convicted of a criminal offence. Any allegation of a criminal offence, whether or not this results in remand, will be investigated and action may be taken including dismissal, should it be considered that the offence is relevant to the employment contract and/or which makes the member of staff unsuitable for continued employment by the Trust.
6.4
For employees in their probationary period, the policy principles will apply, however, if misconduct occurs there will be no obligation on the Trust to issue repeated warnings prior to termination of the employment contract.
6.5
Disciplinary documentation almost certainly will contain information about people; therefore will be stored in line with Data Protection guidelines.
Adopted by Bradford College Education Trust Board on
3rd July 2014
Chair of Bradford College Education Trust Board …………………………………… Bradford College Education Trust Board Directors …………………………………
8 BCET_Disciplinary Procedure Policy – July 2014
Approved By
Date of Approval
Version Approved
Next Review Date
BCET Board
Richard Wightman Michele Sutton
03 07 14
V1.1
2015/16 Term 2
1 BCET_Disciplinary Procedure Policy – July 2014
1.0
Introduction
1.1
Bradford College Education Trust (BCET) requires appropriate standards of conduct from its employees. The purpose of this procedure is to help and encourage improvements in conduct.
1.2
This procedure is designed to ensure that all employees are treated fairly, reasonable and consistently and that disciplinary proceedings are conducted in a timely manner and as confidentially as possible.
1.3
For all staff, the BCET Staff Code of Conduct along with the BCET Child Protection Policy are key documents that outline what constitutes acceptable standards of performance and behaviour.
2.0
General Principles
2.1
This disciplinary procedure will be used where an employee’s work or conduct is alleged to be unsatisfactory. It should be checked with your HR representative whether a concern should be dealt with under the disciplinary or capability procedures.
2.2
In minor cases of alleged misconduct the manager should initially seek to resolve the matter informally with the employee.
2.3
No disciplinary action will be taken against an employee until the case has been fully investigated.
2.4
This procedure may be implemented at any stage if the employee’s alleged misconduct warrants such action.
2.5
The timing and location of meetings will be reasonable. An employee may seek a postponement of a hearing and propose an alternative time if their chosen trade union representative or work colleague is not available. The alternative time proposed by the employee must be reasonable and fall within 5 working days beginning the first day after the day proposed by the employer.
2.6
Before any disciplinary decision is made regarding an employee, the employee will be advised of the allegations against him/her and will be given the opportunity to state his/her case.
2.7
The employee will be notified in writing with all documentary evidence of the allegations to be answered at least 5 working days before the hearing.
2.8
All written information relevant to any hearing or appeal hearing should be circulated by all parties at least 5 days in advance.
2.9
No employee will be dismissed for a first breach of discipline except in the case of gross misconduct. 2
BCET_Disciplinary Procedure Policy – July 2014
2.10
Gross misconduct is generally seen as misconduct serious enough to damage the contract between the employer and employee, making any further working relationship and trust impossible. Each case will be reviewed in terms of severity and circumstances. Examples of gross misconduct include, but are not limited to the following: • Attempting, abetting and/or actual theft, fraud, deliberate falsification of records e.g. abuse of sick pay, handling stolen goods, falsification of an expense claim, report, register, student records. • Theft or unauthorised possession of any property or facilities belonging to the Trust, or to any employee or student. • Dishonesty, bribery or corruption. • Submission of false references/information or failure to disclose relevant information when requested in connection with a job application. • Deliberately accessing internet sites containing pornographic, offensive or obscene material. • Violent, dangerous or intimidatory conduct. • Sexual, racial, bullying or other harassment of another employee or pupil. • Deliberate damage to Trust, pupil or employee’s property. • Disorderly or indecent behaviour e.g. fighting or assault on a learner or employee, discrimination, rudeness. • Serious act of insubordination e.g. persistent or substantial failure to follow standards, rules, policies or procedures, refusing to carry out/obey a safe, lawful and reasonable instruction/request. • Serious negligence/incompetence which causes unacceptable loss, damage or injury. • Serious breach of confidence/confidential information. • Being concerned or interested in action which is damaging or in competition with the business of the Trust. • General fitness for duty e.g. reporting for work under the influence of alcohol, drugs or other substances that may affect work performance and/or conduct. • Serious breach of health and safety rules. • Breach of Trusts duty of care to children under child protection legislation. • A criminal offence, which may (whether committed during or outside the employee’s hours of work for the Trust) adversely affect the Trusts reputation, the employee’s suitability for the type of work he or she is employed by the Trust to perform or his or her acceptability to other employees or students. • Bringing the Trust into serious disrepute. NB In all circumstances teachers are entitled to a minimum of 4 weeks pay – see Local Conditions of Service paragraph 4.6 as adopted by Project Steering Group (PSG).
2.11
At all formal stages of disciplinary proceedings, the employee will have the right to be accompanied, including during investigation meetings and at appeal hearings by one representative who will be a work colleague, trade union representative or full time trade union official.
2.12
The Trust will permit a colleague to take a reasonable amount of paid time off during working hours to act as a representative to another of its staff.
2.13
Where the official or representative is unknown to the Trust, it is reasonable for a manager to request that a full-time trade union official or a trade union representative provides evidence that s/he is certified by the union as having 3
BCET_Disciplinary Procedure Policy – July 2014
experience of, or having received training in acting as a companion at such hearings. 2.14
Written notes of meetings will be taken and copies of these notes will be sent to the employee. Meetings will not be recorded and covert recording is not allowed and will be regarded as an unacceptable breach of trust and confidence and is likely to result in disciplinary action;
3.0
Procedure
3.1
Informal Procedure
3.1.1
Following an allegation, the line manager or in the case of a Principal/Director the Chair of Governors will discuss the incident with the employee concerned at the earliest opportunity.
3.1.2
The majority of minor problems concerned with misconduct will normally be corrected through effective communication and support by the line manager as soon as possible after the alleged misconduct. All support will be documented.
3.1.3
In most cases, there will be no requirement to resort to formal disciplinary proceedings. However, formal disciplinary proceedings will take place if it is decided that further support will not bring about the improvement required, or the alleged misconduct warrants immediate formal disciplinary action owing to the serious nature of the incident and/or there is clear breach of standards and/or procedures.
3.1.4
In cases of misconduct where informal support/intervention is appropriate, the employee and line manager will meet to: • • • • • •
agree areas for improvement, what actions should be taken, and who will be involved, identify any support and/or training as required set SMART (Specific, Measurable, Achievable, Realistic and Timely) objectives, set a review date(s), incorporate all details on an improvement plan, prepare a file note of the meeting and keep it with a copy of the action plan.
3.1.5
Where it is clear that the employee has not met the required objectives, despite support, the line manager will collate all the relevant evidence and this will form part of the formal investigation.
3.1.6
If at any time during the improvement plan period it becomes clear that the satisfactory standard will not be met, or the employee refuses to co-operate the line manager can move to the formal procedure.
3.2
Formal Procedure
3.2.1
The employee will be advised in writing of the nature of the alleged misconduct and will be given the opportunity to answer the allegation during the investigation.
4 BCET_Disciplinary Procedure Policy – July 2014
3.2.2
Investigation A comprehensive investigation is an essential part of all disciplinary proceedings. It secures fairness for the employee by providing the opportunity to explain his or her alleged misconduct and enables the investigating manager to gather all the available evidence and to take a view as to whether or not it is appropriate to hold a formal disciplinary hearing. Investigations will be conducted as soon as possible after the alleged misconduct and as a priority. The Principal/Director will appoint the investigating manager. If, after the investigation, it is decided, by the investigating manager, that there is a case to answer at a disciplinary hearing, the employee will be notified.
3.2.3
Suspension In exceptional circumstances consideration may be given to removing the member of staff from their place of work (i.e. suspension) at the outset of the investigation or at any stage during the course of the investigation. Every effort should be made to avoid lengthy periods of suspension. The decision to suspend and the conditions of suspension will be reviewed initially after a period of 1 month and subsequently on a monthly basis. The suspended employee will be informed of the outcome of each review. Any representations received from the employee or the employee’s trade union representative will be considered at each review.
3.2.4
Disciplinary Hearing The employee will be notified in writing that they are required to attend a disciplinary hearing at least 5 working days prior to the hearing in order to give the employee the opportunity to prepare his/her case. All written evidence must be available to all parties at least 5 working days prior to the hearing. The hearing will be chaired by the Principal/Director who will be supported by an HR representative. The Principal/Director will make a recommendation of any disciplinary actions to the Chair of Governors. All disciplinary actions will be confirmed in writing. In the case of the Principal/Director the hearing will be chaired by the Chair of Governors supported by the HR representative. The Chair of Governors will make a recommendation of any actions to the Chair of the Board of Directors.
3.2.5
Right to Appeal An employee will have the right to appeal against any disciplinary action by writing to the Clerk to the Governing Body within 10 calendar days of the date of the hearing outcome letter (excluding summer break). The appeal will be heard by a panel of three governors or in the case of the Principal/Director three Board Directors not involved in the procedural stages. All appeals must set out the grounds in writing on which the employee is making the appeal. Potential grounds of appeal could include that:
5 BCET_Disciplinary Procedure Policy – July 2014
•
new evidence has come to light that should be investigated;
•
the sanction imposed was too severe or disproportionate to the misconduct;
•
the sanction was inconsistent with one imposed for similar misconduct committed by another employee;
•
there was unfairness or bias among the original decision-makers;
•
the employer has not taken into account a previously exemplary disciplinary record; or
•
procedural failings
The outcome of any appeal will be confirmed to the employee in writing and will take one of three forms: • • •
the original decision was upheld, in which case any disciplinary action will be confirmed; the original decision may be overruled, in which case any disciplinary action will be rescinded; the original decision may be substantially confirmed but a less severe action may be substituted for that originally imposed (usually in cases of appeals based on extenuating circumstances). The disciplinary action cannot be increased.
The outcome of the appeal will be final and binding. Disciplinary proceedings can sometimes be hampered by an unwillingness to cooperate and in particular non-attendance at interviews and/or hearings. If an employee fails to attend an arranged interview and/or hearing, depending on the grounds put forward for non-attendance, it may be sensible to grant one postponement, but there will come a point where it is reasonable for the manager to proceed in the employee’s absence. Before the manager reaches this stage, the employee will be given a clear warning that the investigation and/or hearing will go ahead if he or she fails to attend. Where the reason for failure to attend is ill-health, the manager will require medical evidence from Occupational Health as to the nature of the illness and when the individual is likely to be fit to attend a meeting. In most cases, it would be unreasonable to go ahead if the medical evidence suggested a return to work was imminent. If a return to work is a more distant prospect or fitness to attend a meeting, then the manager will consider carefully the appropriate course of action, taking into account factors such as the seriousness of the alleged misconduct, the delay that has already occurred, the effect on parties involved of a further delay, and any prejudice likely to be caused to either party. The employee may allow his or her representative to attend the hearing in his or her absence or it may also be necessary to consider alternative ways of investigating/hearing the matter, such as allowing the employee to put forward a written statement or, with the individual’s consent, arranging a home visit or a meeting at a neutral location away from Trust premises. 4.0
Levels of Disciplinary Action
6 BCET_Disciplinary Procedure Policy – July 2014
4.1
At the informal stage line managers will discuss minor shortfalls in conduct with individuals and give support and guidance on achieving an improvement as outlined in paragraph 3.1.4. When the matter is more serious or improvement has not been achieved, if, at the disciplinary hearing, it is felt that misconduct has occurred, the following disciplinary actions will apply: Level 1 - A verbal warning may be given where the case is of sufficient importance or seriousness to bring to the attention of the employee formally. The time limit shall be 26 working weeks from the date of the decision. Level 2 - A written warning may be given where the case has already involved a first warning and insufficient improvement has been made, where further misconduct has occurred, or where the case is of sufficient importance or seriousness. The time limit shall be 39 working weeks from the date of the decision. Level 3 - A final warning may be given where the case has already involved a written warning and insufficient improvement has been made, where further misconduct has occurred or where the case is of sufficient importance or seriousness. This also stands where gross misconduct may not warrant dismissal for example due to mitigating circumstances. The time limit shall be 52 working weeks from the date of the decision. However in exceptional circumstances misconduct may be so serious that if repeated at any time in the future the likely consequence is dismissal. The person/s making the decision may impose a final written warning and specify that such a warning will remain in force for as long as the employee’s employment with the Education Trust exists. Level 4 – Dismissal. An employee is likely to be dismissed where the case has already involved the final warning and insufficient improvement has been made or where further misconduct has occurred or where the case is so serious as to constitute gross misconduct or where there is some other substantial reason.
5.0
The Decision Letter
5.1
A letter detailing the decision will be given to the employee and a copy placed on their personnel file, if a warning is issued.
5.2
Following the outcome of the hearing the decision letter will state:i) ii) iii) iv) v) vi)
the decision i.e. that there is no case to answer or the appropriate level of disciplinary sanction; the reason for the decision; the course of action to be followed by the employee. time scale in which improvement is required, if applicable. where assistance is required, the assistance which will be made available to the employee e.g. training and guidance. the date on which the warning will elapse (see section 4)
7 BCET_Disciplinary Procedure Policy – July 2014
vii) viii)
that further disciplinary action will be considered if there is further misconduct or insufficient improvement within the timescale of the warning the right of appeal against the decision and how to exercise that right (See Section x).
If the warning is a final warning it will also state that if the employee’s conduct continues to be unsatisfactory or if there is further misconduct it may lead to dismissal. 6.0
Other Provisions
6.1
The same procedures apply with regards to disciplinary action against a trade union representative; however, the appropriate full-time official will be notified by them before any disciplinary action takes place. The purpose is to give reasonable opportunity for the full-time officer both to satisfy themselves that the action is for a bone fide disciplinary reason and not related to the discharge of Trade Union responsibilities and to provide representation. Where suspension from duty is felt to be appropriate, that can take place immediately, but the full time officer must be notified as soon as possible that this action has been taken.
6.2
When investigating an allegation against a member of staff affiliated to a professional body, it may be necessary to notify the professional body. Please contact your HR representative for further guidance.
6.3
A criminal offence, whether committed during working time or outside work, will be treated very seriously. It is important that the reputation of the Trust, and general safety and wellbeing of staff, students and the general public are protected at all times. Employees are required to inform the Trust if they are charged or convicted of a criminal offence. Any allegation of a criminal offence, whether or not this results in remand, will be investigated and action may be taken including dismissal, should it be considered that the offence is relevant to the employment contract and/or which makes the member of staff unsuitable for continued employment by the Trust.
6.4
For employees in their probationary period, the policy principles will apply, however, if misconduct occurs there will be no obligation on the Trust to issue repeated warnings prior to termination of the employment contract.
6.5
Disciplinary documentation almost certainly will contain information about people; therefore will be stored in line with Data Protection guidelines.
Adopted by Bradford College Education Trust Board on
3rd July 2014
Chair of Bradford College Education Trust Board …………………………………… Bradford College Education Trust Board Directors …………………………………
8 BCET_Disciplinary Procedure Policy – July 2014
