Policies

Adopted July 2016
Reviewed without change October 2019
Revised February 2022

DISCIPLINARY PROCEDURE

1.   Purpose of the Procedure

The Council’s aim is to encourage improvement in individual conduct and performance. This procedure sets out the action which will be taken when the Council’s rules or acceptable standards are breached. The Procedure sets out a process to investigate disciplinary matters in a fair, consistent and timely and impartial manner

2.   The Principles

•   This procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated.  
•   At every stage the employee will be advised of the nature of the complaint, be given the opportunity to state their case, and be represented or accompanied by a person of their choice.
•   The employee will not be dismissed for a first breach of discipline, except in the case of gross misconduct, when the penalty will normally be dismissal without notice and without pay in lieu of notice.
•   The employee will have a right to appeal against any disciplinary action taken against them.
•   The procedure may be implemented at any stage when their alleged misconduct warrants such action.
•   The employee has the right to be accompanied at a disciplinary hearing by a person of their choice.

3.   Informal procedure

Before taking formal disciplinary action, the Council will make every effort to resolve the matter by informal discussions with the employee. Where appropriate, the opportunity for mediation will be put forward. Only where this fails to bring about the desired improvement will the formal disciplinary procedure be implemented.  

4.   Formal Procedure

Stage 1 - First warning

If conduct or performance is does not meet acceptable standards, the employee will be given a written warning or performance note. Such warnings will be recorded but disregarded after six further months of satisfactory service. 

The employee will also be informed that a final written warning may be considered if there is no sustained satisfactory improvement or change. (Where a matter is sufficiently serious – for example because it is having, or is likely to have, a serious harmful effect on the Council, it may be considered necessary to move directly to a final written warning).

Stage 2 - Final written warning

If the offence is serious, or there is no improvement in standards, or if a further offence of a similar kind occurs, a final written warning will be given.

The written warning will include the reason for the warning, the improvement required and a note that if no improvement or change results within three months, the employee may be subject to dismissal. Unless dismissal involves gross misconduct, employees will receive a period of notice, or payment in lieu. 

Stage 3 - Discipline and dismissal procedure

If facing dismissal or action short of dismissal such as loss of pay or demotion - the following minimum statutory procedure will be followed:

•   The employee will receive a written note setting out the allegation and the basis for it
•   A meeting will be held to consider and discuss the allegation
•   The employee will be given a right of appeal, including an appeal meeting
•   The employee will be reminded of their right to be accompanied at any meetings. 

Where appropriate, the opportunity for mediation will be put forward at any stage of a disciplinary procedure.

5.   Gross misconduct

The following are examples of gross misconduct (although the list is not exhaustive):

•   theft, 
•   serious damage to property, 
•   fraud,
•   incapacity for work due to being under the influence of alcohol or illegal drugs,
•   physical violence, 
•   bullying and harassment
•   gross insubordination.

If after investigation, it is confirmed that the employee has committed an offence considered to be gross misconduct the normal consequence will be dismissal without notice or payment in lieu of notice 

Whilst alleged gross misconduct is being investigated, the employee may be suspended, during which time they will be paid their normal rate of pay. Any decision to dismiss will be taken by the Council only after full investigation.

6.    Appeals

Employees have the right to appeal against any disciplinary decision, they must appeal, in writing, within fourteen working days of the decision being communicated to them by the Council. Independent members who were not involved in the original disciplinary action will hear the appeal and decide the case impartially. 
 

GRIEVANCE PROCEDURE

7.   Introduction

Grievances are concerns, issues, problems or complaints raised by employees against the Council. It is the Council’s policy to ensure that employees with a grievance relating to their employment can use a procedure which can help to resolve grievances as quickly and as fairly as possible.

8.    Informal discussions 

If the employee has a grievance about their employment, they should communicate this either verbally or in writing to the Council.  It is the Councils aim that grievances will be resolved, where possible, informally as soon as possible.  Where appropriate, the opportunity for mediation will be put forward at the informal stage of a grievance procedure.

9.    Grievance procedure

If the employee feels that the matter has not been resolved through informal discussions, they may raise the matter formally with the Council in writing.

The employee will be invited to attend a meeting to discuss the grievance and will have the right to be accompanied by person of their choice. The outcome of this meeting may result in:

•   Resolution and agreement of steps and closure of the grievance
•   Mediation
•   Options for resolution to be agreed at a follow up meeting.

The employee will be notified in writing of the decision and will be given the right to appeal against the decision. The employee must appeal, in writing, within fourteen working days of the outcome being communicated to them by the Council.

10.    Appeals

Any appeal will be considered by members of the Council who were not involved in the original hearing, and who will decide the case impartially.