Disciplinary Policy & Procedure

 

Company Name: Teachers Together Ltd (“the Company”) 

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Use: Internal Policy

 

Model Policy No.:  DPP 

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Model Policy Name: Disciplinary Policy & Procedure

 

Date: August 2024 

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Version: 2.1 

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1. Overview

This policy covers our procedure relating to disciplinary issues, where there is suspicion of misconduct or improper behaviour and it is designed to help and encourage all staff to achieve and maintain appropriate standards of conduct, attendance and job performance.

 

We recognise that in many situations, there will be more than one perspective to consider. Our disciplinary procedures aim to understand the full context from all involved before making a final decision.

 

This policy applies to all employees. It does not apply to self-employed contractors, workers, agency workers and members.

 

This policy does not form part of your employment contract and we may update this policy at any time. We will normally follow it in a disciplinary situation but are not obliged to do so (particularly if you are in your probationary period).

 

We follow the ACAS code of practice on disciplinary procedures. The ACAS codes of practice set the minimum standard of fairness that workplaces should follow. They are used by employment tribunals when deciding on relevant cases.

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2. When we will take informal action

Sometimes we will choose to discuss a disciplinary issue with you instead of taking formal action.  This may resolve most difficulties.

 

We may issue a ‘Letter of Concern’ after our discussion if there are particular concerns that we feel need to be recorded. A copy will be given to the employee and kept on their record file.

 

If a discussion fails to resolve the problem, or we feel that approach is inappropriate in the circumstances, we will  normally use this formal procedure.

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3. How we investigate

We will not take disciplinary action without inviting you to a formal meeting. Depending on the circumstances, that meeting may be the only meeting we invite you to attend. In other words, there may not be separate meetings for the investigation and disciplinary stages.

 

If you face a misconduct allegation, you may be suspended.  Suspension is a neutral act, normally intended to cause the least disruption to the business while we investigate.  If we suspend you:-

 

• you must stay away from work, not visit any Company premises or make contact with staff, clients, suppliers or contractors (unless we authorise this in writing). But if you want to contact somebody specifically to ask them to be a witness, or to accompany you at a meeting under this policy, then you may do so without asking us first;

• suspension will be on full pay, unless your contract or this policy says otherwise;

• if pre-approved holidays fall during a period of suspension, they will still count as holiday leave and will be deducted from your holiday entitlement as normal.

 

If you lodge a grievance while we are investigating a disciplinary matter, we will not normally put the disciplinary process on hold.  If the subject of your grievance is linked to the matters involved in the disciplinary investigation, or the process we are following, then we will normally consider the matters you raise as part of the disciplinary process and not start a separate grievance process.

 

4. Your right to be accompanied

You are entitled to be accompanied by a colleague or trade union representative at any meeting where you face formal sanctions (including dismissal). If we are holding separate investigation and disciplinary meetings, then your right to be accompanied only applies to the disciplinary meeting.

 

If you want to exercise this right, you should tell us as soon as possible who you want to accompany you. It is your responsibility to arrange for them to attend. If you choose a work colleague, we will not prevent them from attending, but we may rearrange the meeting if their absence from work could cause operational problems.

 

Your colleague or union representative can, if you prefer, explain the key points of your case to the meeting and can respond on your behalf. You can also confer with them during the meetings. However, they must not answer questions put directly to you or try to prevent us asking questions or outlining our arguments.

 

5. How we carry out the formal meeting

We will write to you to tell you:

 

• when and where your disciplinary meeting will take place;

• the details of the allegation of misconduct or improper behaviour made against you; and

• the possible consequences.

 

We will include copies of any witness statements and other relevant documents, unless there is a good reason not to do so.

 

You are entitled to bring a companion with you to the meeting.

 

You must let us know as soon as possible if you want to bring your own witnesses to the meeting and/or you have documents or other evidence you want to present.

 

It is your responsibility to attend the meeting but, if you cannot, we will normally reschedule it - provided we are satisfied with your explanation for why you cannot attend. We will not reschedule, however, if it is likely to lead to unreasonable delay.  We may have to make our decision without you being present, and we will in any case only reschedule the meeting once, unless there are very good reasons to justify a second rescheduling.

 

In some circumstances, we may record the meeting, but we will not do so without asking for your permission. You must not make a recording of the meeting without the consent of all present. Making covert recordings may lead to further disciplinary action being taken against you.

We will go through all the details at the meeting so that you understand the allegation made against you. We will also outline the evidence we found when we carried out our investigation.

 

We will give you the time you need to respond to the allegations made against you and to put your own case forward. We will also give you the opportunity to ask us questions, to present your own evidence, to call your own witnesses, and to respond to evidence the Company’s witnesses put forward. If there are any questions you want us to put to the Company’s witnesses, please tell us and (unless there is a good reason not to) we will make sure they are asked.

 

We will either inform you of our decision at the end of the meeting following an adjournment, or if we need more time to consider then we will send it to you in writing as soon as reasonably possible.

 

6. The disciplinary action and dismissal process

There are three stages of our procedure for dealing with cases of misconduct.

 

First stage: Formal Written Warning

If an employee’s conduct or performance is unsatisfactory, they will be given a ‘Formal Written Warning’.  This written warning will include the reason for why the warning is being given. It will note that if there is no improvement after a specified period, a ‘Final Written Warning’ will be given.  A copy of the written warning will be given to the employee and a copy will be kept on their record file.

 

Unless there are already active written warnings relating to disciplinary matters on their work record, a first written warning will usually remain in place for 6 months from the date of notification of the decision. It will then be removed from the record.

 

Second stage: Formal Written Warning

If following a written warning, conduct or performance remains unsatisfactory, or if a serious incident occurs, a ‘Final Written Warning’ will be given making it clear that any recurrence of the offence or other serious misconduct within a specified period will result in dismissal. A copy of the written warning will be given to the employee and a copy will be placed on their personnel file. The warning will then be disregarded after 12 months satisfactory service.

 

Third stage: Dismissal or Other Sanction

If there is no satisfactory improvement in conduct or performance, or if further serious misconduct occurs within 12 months, the final step in the procedure may be dismissal. This will be either with or without notice or payment in lieu of notice. The third stage may also apply to a case of gross misconduct (even if there are no active warnings on file) or any misconduct during your probationary period.

 

Sometimes we may be prepared to explore other actions short of dismissal. These may include deploying you to a different role, department, demoting you, and/or extending your final written warning period to allow us further time to review how you respond. Redeployment or demotion may result in a reduction in pay.

 

7. Your right to appeal 

You will usually have the right to appeal against any disciplinary decision taken against you. To do this, you need to respond within a week of being told of the action by writing directly to whoever is named in the letter you received. In your response to that letter, you must explain exactly why you are appealing and your desired outcome.

 

We will invite you to an appeal meeting normally within two weeks. Wherever possible, the appeal meeting will not be led by the manager who held the meeting at which we decided what disciplinary action to take. You may be accompanied by a trade union representative or work colleague.

 

Our final decision will be sent to you in writing as soon as reasonably possible. You do not have any further right to appeal against our decision.

 

8. How we define gross misconduct and misconduct

You will usually be dismissed without warning, without notice, and without payment in lieu of notice if we find you have committed an act of gross misconduct. This is known as summary dismissal.

 

The following list gives examples of what we would normally regard as gross misconduct likely to lead to summary dismissal. This list is not exhaustive and should be referred to as a guide.

 

• Bullying or physical violence

• Fraud, theft, or any act of dishonesty or other criminal offence (other than a minor traffic offence)

• Falsifying Company information

• Malicious misuse of any of our procedures, for example if you make up allegations when taking out a grievance against someone

• Serious negligence or carelessness, particularly if it leads to us losing trust and confidence in you

• Serious health and safety breaches

• Serious or repeated breach of data protection legislation or our data protection policy

• Serious and intentional damage to Company property

• Unlawful harassment or discrimination

• Viewing, receiving, or sending anything that breaches the ‘Equality & Diversity Policy’

• Breach in the Company’s ‘Anti-bribery and Corruption Policy’.

• Breach in the Company’s ‘Anti-harassment and Bullying Policy’.

• Working for or assisting a competitor of the company, or seeking to establish a business which is likely to compete with the company, or divulging confidential information concerning the company and its business.

• Knowingly accessing websites containing offensive, obscene or pornographic material

• Misuse of internal email, external email or other internet and computer-based facilities including the storage and/or transmission of obscene, illicit or undesirable material.

• Serious insubordination or refusal to obey management instructions

• Serious breaches of confidence

• Covertly recording your colleagues, or any management (or other) meeting where the participants do not know you are recording it

• Being under the influence of illegal drugs during work hours

• Being under the influence of alcohol during work hours, unless this is with your manager’s express knowledge and permission — for example, where you are involved in entertaining on the Company’s behalf, staff socials, post-show events etc.

• Conduct that violates common decency or engaging in behaviour that might bring the Company’s name into disrepute or result in loss of custom or business

• Any conduct which amounts to a serious breach of the company’s policies in relation to safeguarding the young and / or vulnerable.

 

The following list gives examples of what we would normally regard as misconduct (but not gross misconduct). This list is not exhaustive and should be referred to as a guide.

 

• Minor breaches of Company policy

• Minor breaches of your employment contract

• Unauthorised use of, or damage to, Company property

• Absence from work that has not been authorised

• Poor attendance and timekeeping

• Refusing to follow instructions, where it is not serious enough to be gross misconduct

• Engaging in behaviour which is offensive to others, including colleagues and members of the public

• Being careless when carrying out your duties

• Wasting time during your contracted working hours

• Smoking in areas where smoking is not allowed.

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9. Sickness absence during a disciplinary process

Should you be absent for reason of sickness once you have been notified of a disciplinary investigation meeting or disciplinary hearing, you will be paid under our Sickness Policy (which may not involve being paid full pay).  The Company may decide not to pay you any Company sick pay during that period of sickness absence, if it would normally pay you Company sick pay. Your rights to SSP would be unaffected.

 

If you say you are unable to attend a disciplinary hearing due to sickness, we will offer you a new date for the hearing. However, if you are unable to attend a hearing within what we consider to be a reasonable period of time, then we will look at alternative ways of conducting the hearing. This may involve conducting the hearing by phone, inviting you to send written submissions or a colleague to attend on your behalf.

 

10. Independent parties

Due to the size of the organisation we may decide to engage a third party to participate in the disciplinary process, for example an external HR consultant may be used to investigate, chair, or take notes in disciplinary and appeal hearings.

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