Disciplinary Policy
Adopted July 2020
Last Reviewed July 2024
Introduction
1 This policy is based on and complies with the 2015 ACAS Code of Practice
https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
It also takes account of the ACAS guide on discipline and grievances at work.
The policy is designed to help Council employees improve unsatisfactory conduct and performance in their job. Wherever possible, the Council will try to resolve its concerns about employees’ behaviour informally, without starting the formal procedure set out below.
2 The policy will be applied fairly, consistently and in accordance with the Equality Act 2010.
3 This policy confirms:
• informal coaching and supervision will be considered, where appropriate, to improve conduct and / or attendance
• the Council will fully investigate the facts of each case
• the Council recognises that misconduct and unsatisfactory work performance are different issues. The disciplinary policy will also apply to work performance issues to ensure that all alleged instances of employees’ underperformance are dealt with fairly and in a way that is consistent with required standards. However, the disciplinary policy will only be used when performance management proves ineffective. For more information see ACAS “Performance Management” at https://www.acas.org.uk/index.aspx?articleid=6608
• employees will be informed in writing about the nature of the complaint against them and given the opportunity to state their case
• employees will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary hearing
• employees may be accompanied or represented by a companion – a workplace colleague, a trade union representative or a trade union official - at any investigatory, disciplinary or appeal meeting. The companion is permitted to address such meetings, to put the employee's case and confer with the employee. The companion cannot answer questions put to the employee, address the meeting against the employee’s wishes or prevent the employee from explaining his/her case
• the Council will give employees reasonable notice of any meetings in this procedure. Employee must make all reasonable efforts to attend. Failure to attend any meeting may result in it going ahead and a decision being taken. An employee who does not attend a meeting will be given the opportunity to be represented and to make written submissions
• if the employee’s companion is not available for the proposed date of the meeting, the employee can request a postponement and can propose an alternative date that is within five working days of the original meeting date unless it is unreasonable not to propose a later date
• any changes to specified time limits in the Council’s procedure must be agreed by the employee and the Council
• information about an employee’s disciplinary matter will be restricted to those involved in the disciplinary process. A record of the reason for disciplinary action and the action taken by the Council is confidential to the employee. The employee’s disciplinary records will be held by the Council in accordance with the General Data Protection Regulation (GDPR)
• audio or video recordings of the proceedings at any stage of the disciplinary procedure are prohibited, unless agreed by all affected parties as a reasonable adjustment that takes account of an employee’s medical condition
• employees have the right to appeal against any disciplinary decision. The appeal decision is final
• if an employee who is already subject to the Council’s disciplinary procedure raises a grievance, the grievance will normally be heard after the completion of the disciplinary procedure
• disciplinary action taken by the Council can include a written warning, final written warning or dismissal
• this procedure may be implemented at any stage if the employee's alleged misconduct warrants this
• except for gross misconduct when an employee may be dismissed without notice, the Council will not dismiss an employee on the first occasion that it decides there has been misconduct
• if an employee is suspended following allegations of misconduct, it will be on full pay and only for such time as is necessary. Suspension is not a disciplinary sanction. The Council will write to the employee to confirm any period of suspension and the reasons for it,
• the Council may consider mediation at any stage of the disciplinary procedure where appropriate (for example where there have been communication breakdowns or allegations of bullying or harassment). Mediation is a dispute resolution process that requires the consent of affected parties