Disciplinary and Grievance Procedure

Minor Disagreements

It is recognised that disagreements may arise when people are working together in groups or between groups. These can usually be resolved informally by discussion, if necessary with the help of the committee or local authority advisor, and are outside the disciplinary and grievance procedure.

Gross Misconduct

Instant dismissal is the normal consequence in cases of gross misconduct when an investigation confirms that a person has committed an offence. Investigations should consist of obtaining written statements from all witnesses to the incident and from the employee being disciplined. Investigations should be carried out within as short a time as possible.

Examples of gross misconduct  would be: ill treatment of children, theft or fraud,  malicious damage to property, incapacity to work due to being under the influence of alcohol or illegal drugs, physical violence, bullying, carelessness that threatens the health and safety of others.

While the alleged offence is being investigated the employee may be suspended, during which
time they will receive their normal rate of pay.

The penalty will be dismissal without notice and without pay in lieu of notice.

Disciplinary Procedure

If a dispute cannot be resolved informally or the committee is dissatisfied with the conduct or activities of an employee or a committee member, the matter will be dealt with in four stages.

  1. Oral warning
  2. Formal written warning
  3. Final written warning
  4. Dismissal

At any stage a friend or trade union official may accompany the employee/ committee member. If he/she wishes, that friend /official may speak on behalf of the employee/ committee member.

Oral warning

The chair of the committee, who will explain the complaint, should interview the employee or committee member.

The employee/ committee member will be given full opportunity to state their case.

If the warning is considered appropriate the employee/ committee member will be told what action is needed to rectify the conduct, what reasonable timescale is expected for the conduct to be corrected and that if this is not adhered to then further action will be taken. Then an appeal can be made against the decision.

A record of the meeting will be held on the employees file/ within committee files, until satisfactory progress has been made to rectify matters, whereupon the record will be destroyed.

Formal Written Warning

If the employee/committee member fails to correct his/her conduct within a reasonable time the next stage of action will be as follows:

The employee/ committee member will be interviewed and given the opportunity to state their case as before.

If the need for action is established, a letter will be sent to the employee/ committee member immediately, accurately recording the warning given at the interview. The letter will contain a clear reprimand and the reason for it, explain what corrective action is required and the timescale for this to happen, a warning that failure to improve will result in further action being taken and that the employee/ committee member can appeal against the decision.

A copy of the written warning will be held on the employees file/ within committee files for six months after the interview, whereupon the record will be destroyed. 

Final Written Warning

If the employee/committee member fails to correct his/her conduct within a reasonable time the next stage of action will be as follows:

The employee/ committee member will be interviewed and given the opportunity to state their case as before.

If a final written warning is considered appropriate, this will be explained to the employee/ committee member and a letter confirming this decision will be sent to the employee/ committee member.

The letter will contain a clear reprimand and the reason for it, explain what corrective action is required and the timescale for this to happen, a warning that failure to improve will result in further action being taken which could result in dismissal and that the employee/ committee member can appeal against the decision.

Dismissal

If the employee/committee member fails to correct his/her conduct within a reasonable time the next stage of action will be as follows:

The employee/ committee member will be interviewed and given the opportunity to state their case as before.

If the decision is to dismiss, the employee/ committee member will be given notice of dismissal stating the reason and given the right to appeal.

The employee will be informed whether they are to receive notice or payment in lieu.

Appeals

At each stage of the disciplinary procedure the employee/ committee member must be told that he/she has the right to appeal against the disciplinary action. The appeal must be made in writing to the chair of the committee within five days of the disciplinary interview

The committee will hear the appeal as soon as possible, this will be done informally and the employee/ committee member may have a friend/official with them or to speak for them

The following will form the basis of the appeal meeting:

  • The employee will explain why he/she is dissatisfied and may be asked questions.
  • The chair will put their point of view and may be asked questions.
  • Witnesses may be heard and questioned by all present at the meeting.
  • The committee will consider the matter and make known its decision.
  • A written record of the meeting will be kept.
Grievance Procedure

The aim of the procedure is to settle the grievance as fairly and as quickly as possible. It is meant to be simple and rapid in operation.

If an employee or committee member is dissatisfied he/she must have the opportunity for prompt fair discussion with his/her immediate superior. (For the manager and committee members this is usually the chairperson). For nursery staff this is usually the deputy manager or manager.

If the grievance persists, the grievance should be put in writing to the employee’s immediate superior. They will set up a subcommittee for the purpose of further discussion, at which a colleague may accompany the employee if they wish. This will take place as soon as possible after the written grievance has been received.

The subcommittee will give the decision to the employee in writing as soon as possible.

The employee/committee member has the right to appeal to the full committee and at this level has the right to be accompanied by a colleague or trade union official.

Ofsted will be informed within 14 days of the provider becoming aware of any information which may result in the disqualification of an employee/ committee member.

This policy was adopted  November 2012

Updated/reviewed                  August 2018

Manager J Nolan-Davies