PART 1 DISCIPLINARY RULES
1.0 INTRODUCTION
1.1 The School Governing Body seeks to avoid a blame culture. It is recognised that employees including Headteachers, teachers and support staff, empowered to deliver services will need on occasions to take moderate risks to achieve the best service for the School community. This may involve mistakes occurring at times of pressure which should, within reason, be used as a learning experience and approached through a variety of supportive measures. This could in appropriate circumstances include: a joint examination of an occurrence, a review of existing procedures; advice to the employee as to how best to avoid similar occurrences (such advice to be outside the scope of paragraph 3 of the Disciplinary Procedure); provision of appropriate training.
1.2 At the same time the School Governing Body is concerned to set high standards of conduct and integrity. Where for example misconduct, negligence, lack of care and unacceptable behaviour occurs reference to this procedure will be necessary. Standards are prescribed in a variety of documents, for example, the Code of Conduct for School Staff, Financial Standing Orders and Scheme of Delegation, the Statutory School Teacher job descriptions as contained within the School Teachers Pay and Conditions Document and Standing Orders. The General Teaching Council now also proposes a code of conduct for teachers.
1.3 Disciplinary rules and procedures are necessary for promoting fairness and order in the treatment of individuals and in the conduct of employee relations. The rules in Part 1 of this procedure set Standards of Conduct at Work; Part 2 of this procedure helps to ensure that the standards are adhered to and also provides a fair method of dealing with alleged failures to observe them.
1.4 It is not possible to define in this document all the acts which could lead to disciplinary action. Generally, the test of reasonableness in the circumstances would apply before any disciplinary action is taken: "Would a reasonable person be aware that disciplinary action would result from a certain action or omission?" The purpose of this document is to give more specific guidance to employees on rules which, if flouted, would give rise to disciplinary action.
1.5 Whilst it is required of employees to observe these rules, it is stressed that the specification of these rules does not mean that Headteachers and Governors can abdicate their responsibilities by automatically imposing disciplinary action without first fully investigating the circumstances when a rule is broken. When a rule is broken and before any disciplinary action is taken management must establish whether:
a) the rule was known to the employee;
b) the rule was consistently applied;
c) the circumstances of the case, where the rule was broken, have been fully investigated;
d) the employee has been given an opportunity to explain his/her actions in accordance with the disciplinary procedure;
e) the disciplinary action taken against the employee who breaks these rules was fair and
reasonable in the circumstances;
f) the employee be advised of their right to be accompanied by a trade union or other
representative.
It is expected that every school employee should:
a) be honest and beyond any suspicion of dishonesty;
b) maintain at all times a high standard of integrity and conduct;
c) not use their position to further or put private interests or those of relatives or friends before
their duty to the School and the Council;
d) fulfil the duties specified in their Contract of Employment.
Failure on the part of the employee to maintain acceptable standards in respect of the above will result in disciplinary action being taken by or on behalf of the Governors. The disciplinary action that may be taken by the School Governors, or the Headteacher on their behalf, is specified in the Schools "Disciplinary Procedure" and any action so taken will depend on the seriousness of the breach of Disciplinary Rules. Generally such incidents can be classified as those relating to ordinary misconduct where normal warnings under the disciplinary procedure will be invoked, or to gross misconduct where instant dismissal will result.
Whilst issues relating to the capability of support staff may be dealt with in the context of this Procedure a separate procedure exists to deal with Capability issues involving Teaching Staff.
1.6 This procedure applies to all school employees including Headteachers for whom the Chair of Governors will carry out the role normally performed by the Headteacher.
2.0 CONDUCT OF EMPLOYEES
2.1 The Council's "Code of Conduct for Employees" aims to guide employees on the standards expected so that these can be maintained and improved. A version of the Code for School based employees has been provided. A breach of these standards could be relevant to disciplinary considerations. You are urged to obtain a copy of the Code and read it thoroughly. The Code covers the following :-
2.1.1 Standards
The public is entitled to expect the highest standards of conduct from all local government employees, including School employees. All employees should immediately inform their Head Teacher of any irregularities affecting cash, stores or any other School or Council property, also anything else which may affect public confidence in the Council or the School. The Council has a policy of providing full support to any employee reporting suspected fraud or corruption.
2.1.2 Disclosure of information
In general you should not disclose to an outside individual/organisation any information obtained in the course of your work without the approval of your Head Teacher. On occasion employees may feel that a disclosure is in the public interest. A separate procedure dealing with "Whistle Blowing" has been developed. Employees should seek advice before taking action.
2.1.3 Political neutrality
In carrying out your duties you should not promote the interest of one particular political party as you serve the whole community Your politics are a personal matter.
2.1.4 Relationships with -
i) The Community. You are expected to be courteous, efficient and impartial in your dealings with groups and individuals in the local community and your School's community
ii) Contractors. If you are involved with tendering procedures or in dealing with contractors you must read the rules in the code of conduct. The rules also cover any relationship of either a business or private nature that you may have with a contractor who does (or is hoping to do) work for the School or Council. Please refer to the full code if this applies to you.
2.1.5 Employment matters
Headteachers and Senior staff involved in appointments, discipline, promotion or re-grading matters must read the rules that relate to this in the full code. When you were appointed you were asked to declare on the application form if you were related to another employee, a Councillor or a School Governor. This is a requirement of the code.
2.1.6 Outside Commitments
You should not undertake any private work during Council or School time (whether voluntary or paid) without the permission of your Headteacher or Chairman of Governors. If it is in your own time, you need to advise them if it relates in some way to the work of the Council or your School.
There are also rules about receiving fees for giving talks and about using Council or School equipment for such talks etc., and other private use. There are also rules about copyright. Please refer to the full Code of Conduct for School Employees obtainable from the Personnel and Training Unit if this applies to you.
2.1.7 Personal interests
If after joining the Council you become related to another employee or to a Councillor, you must declare this to your Headteacher or Chairman of Governors. You must also declare any financial or non-financial interest that you or your relatives/partner hold if this could be considered to bring about a conflict with the School's or the Council's interest. If you belong to an organisation which is not open to the public (with formal membership and commitment of allegiance) and which has secrecy about rules or membership or conduct, you must declare this to your Headteacher or Chairman of Governors. You are required to advise your Headteacher or Chairman of Governors if you are charged with a criminal offence which (if proven) would be incompatible or inconsistent with your duties. Headteachers should inform the LEA if similar issues apply to them.
2.1.8 Equality issues
You are expected to abide by the Council's Managing Diversity Policy, and Equal Opportunities Policies adopted by the Governing Body, also to ensure that you treat pupils, all members of the local community, customers and other employees fairly and equitably.
2.1.9 Corruption
It is a serious criminal offence to corruptly receive or offer or give any gift, loan, fee, reward or advantage for doing, or not doing, anything or showing favour, or disfavour, to any person in their official capacity. If an allegation was made that you had broken this law, it would be for you to demonstrate that you had not acted corruptly. To protect yourself please read the rules in the code.
2.1.10 Use of financial resources
You must ensure that you use public funds in a responsible and lawful manner.
2.1.11 Hospitality and gifts
There are rules about both offering and receiving hospitality ands gifts. In certain circumstances these also apply to your partner and relatives. Please refer to the full code for details.
2.1.12 Sponsorship
There are rules about offering and receiving sponsorship which again can also apply to your partner and relatives. Please refer to the full code.
PLEASE REMEMBER THAT THE CODE OF PRACTICE IS INTENDED TO PROTECT YOU, YOUR SCHOOL AND THE COUNCIL FROM ANY ALLEGATION OF FRAUD OR CORRUPTION. IF YOU REQUIRE FURTHER GUIDANCE PLEASE ASK FOR A COPY.
3.0 ORDINARY MISCONDUCT AND LACK OF CAPABILITY
Ordinary misconduct is conduct of such a kind as to warrant disciplinary action, rather than instant dismissal, for a first offence on the part of the employee, and the warning procedure specified in the "Disciplinary Procedure" of the School will normally be followed. Such a procedure will also normally be followed where the employee, by his/her actions, shows a lack of capability in executing the duties for which he/she was employed. A separate capability procedure applies for teaching staff. The following are examples, not exhaustive, nor pre‑empting more serious disciplinary action, of incidents where the normal warning procedures will be invoked:
a) persistent lateness;
b) lack of capability in the case of support staff;
c) acts of insubordination;
d) unjustifiable absence from work;
e) unacceptable personal hygiene at work;
f) disregard of specific School rules and working procedures;
g) failure to carry out a reasonable instruction given by a supervisor; (may in certain circumstances be regarded as gross misconduct). For teachers would include a failure to carry out a directable Professional Instruction.
In addition, further reference to specific School rules relating to employees is made in Section 5 of this document.
4.0 GROSS MISCONDUCT
Gross misconduct is of such a nature that in the light of the employee's action the Governing body cannot allow the employee to continue to work and sees no alternative than to recommend to the Council dismissal on the grounds of gross misconduct, or suspension pending an investigation. Again, it is not possible to define all acts which could be classified as gross misconduct, for the disciplinary action taken by the School Governor's or their representative will ultimately be determined by the circumstances of the incident. The following are examples, not exhaustive, nor pre‑empting less serious disciplinary action, of incidents which may be classified as gross misconduct:
a) Where an employee is under the influence of alcohol or non‑prescribed drugs during working hours to such an extent that he/she cannot, in the view of the Headteacher, efficiently perform the duties for which he/she is employed or which he/she may reasonably foresee having to perform.
b) Where the employee fails to notify his/her Manager or Headteacher, or the Council's Occupational Health Physician, or a representative of the Personnel and Training Services Unit of any circumstances where a prescribed course of drugs have been medically authorised which he/she is aware may impair his/her ability to efficiently perform the duties for which he/she is employed, or which he/she may reasonably foresee having to perform. Where such notification is made to a Headteacher advice should be sought from the Council's Occupational Health Physician.
NB Where an employee notifies the employers that a prescribed course of drug will impair/prevent the undertaking of their duties, the employer will initially seek alternative employment, or the employee will be sent home. In both instances, the employee will receive normal pay.
c) Where an employee steals from the School, the Council, other employees or the public.
d) Where any employee contravenes specific School disciplinary working or safety rules that have serious potential consequences
e) Where an employee's conduct at work is likely to offend common decency.
f) Where an employee unfairly discriminates against another employee or member of the public
on grounds of sex, marital status, race, colour, ethnic or national origin, disability or age.
g) Where an employee sexually harasses another employee or member of the public.
h) Where an employee falsifies any document or makes any false, misleading or inaccurate written statements in any record or document.
i) Where an employee knowingly makes false claims for financial reimbursement with the intention of obtaining from the Council, or School, a payment to which the claimant is not entitled.
j) Where an employee maliciously damages or misappropriates School or Council property, or property on loan to the School or Council, or commits an act of neglect which endangers life or limb.
k) Where an employee, during working hours, physically assaults a pupil, colleague, or member of the public.
l) Where an employee improperly uses or attempts to use his/her official position for his/her own private advantage or for the private advantage of some other person.
m) Where an employee commits an act outside of working hours which is incompatible or inconsistent with their duties to the Council or School or which is likely to bring discredit upon or lead to loss of confidence in the service in which he/she is employed. (e.g. where an employee carries out a serious assault outside school hours).
n) Where an employee, without authorisation interferes with computer systems.
o) Where an employee maliciously accuses another employee of sexual harassment.
In addition, reference is made to specific School rules, the contravention of which will be classified as gross misconduct for employees in specified employments, in Section 5 of this document.
It is stressed that any disciplinary action resulting from the above will depend on the circumstances of the incident after is has been fully investigated in accordance with the Council's Disciplinary Procedure.
5.0 SPECIFIC WRITTEN SERVICE UNIT WORK RULES AND HEALTH AND SAFETY RULES
Any specific written School work rules and health and safety rules will be issued to employees in Schools. These rules will be incorporated in Appendices which when received should be attached to and form part of the Disciplinary Procedure and Rules.
PART 2 DISCIPLINARY PROCEDURE
1.0 SCOPE
1.1 This procedure has been prepared for use by Schools and Governing Bodies by the Borough Council in consultation with the recognised trade unions
1.2 The procedure applies to all employees of the School both full‑time and part‑time, Permanent and Temporary. This procedure equally applies to Headteachers in such cases it is expected that the Chairman of Governors would assume the role normally assigned to the Headteacher.
1.3 This procedure does not apply to:‑
(a) employment discontinued in accordance with an event or date specified at the time the contract was made; Normal Consultation Procedures should apply in such cases. Further advice may be obtained from the Personnel and Training unit.
(b) dismissal arising from unsuitability for confirmation of appointment during a Probationary/NQT Induction period; or
(c) dismissal in the event of redundancy; Separate Procedures apply
(d) dismissal for some other substantial reason; In such cases principles of good employment. Practise and rights to representation still apply. Further advice may be obtained from Personnel and Training Unit.
(e) dismissal on the grounds of medical or other incapability to continue in employment for which a different procedure exists or;
1.4 Employees dismissed in accordance with (a), (c), (d) or (e) above may appeal to the Governing Body against their dismissal on the grounds of wrongful selection for dismissal or on other reasonable grounds. See paragraph 12 below.
Appeals against a decision to fail an NQT Induction period we make direct to the DfEE.
2.0 GUIDING PRINCIPLES
Responsibility for Discipline
Headteachers and School Governing Bodies are responsible for the management and discipline of School employees and shall be required to notify the Head of Personnel and Training Services of any intention to dismiss or formally discipline an employee so that the Head of Personnel and Training Services can examine the matter, advise and attend or be represented at the disciplinary hearing.
Normally, discipline is effectively maintained by example, advice, job training and informal reprimands and through observance by employees of proper standards of conduct and the rules and regulations of the School and to the Council. Consideration may also be given to Part 1 Disciplinary Rules, para 1.1. The parties to this procedure intend and expect that this situation will continue, but recognise that, in the interests of the conduct of the School's affairs and for the safety and welfare of all employees, discipline may, on occasion, need to be reinforced by the application of the formal aspects of this procedure.
3.0 ADVICE OR INFORMAL REPRIMANDS
Where minor breaches of misconduct or unsatisfactory performance occur, the employee will be advised by the Headteacher or their representative of the standard of conduct or performance expected in the future and the probable consequences of a further breach. (Such breaches will not be recorded as part of this formal procedure).
It is a matter for the Headteacher, in consultation with the Personnel and Training Unit if appropriate, and dependent on the employee's subsequent conduct or performance to determine whether at a later stage the formal procedure should be invoked.
4.0 OPERATING THE PROCEDURE
4.1 In general, the procedure will not be invoked unless:‑
(a) previous advice/reprimands have been ineffective;
(b) the complaint is of a serious nature; or
(c) a number of minor complaints are made which, taken together, are serious.
(d) the complaint goes beyond minor errors which are acceptable within a "no blame" culture in
certain circumstances (see Part 1 Disciplinary Rules para 1.1)
4.2 General principles:‑
(a) any disciplinary action taken will depend on the seriousness of the offence, the past recorded behaviour of the employee including recorded disciplinary warnings issued, any other relevant information and any mitigating circumstances presented by the employee;
(b) any disciplinary action taken against the employee will be appropriate to the circumstances of the case, having regard to the need for reasonableness and fairness on the part of the School;
(c) the opportunity exists, where disciplinary action is specified, for the employee to appeal against the action of the Headteacher or Governing Body;
(d) the employee has a right to be accompanied by a Trade Union representative or other representative of his/her choice at any formal interview and before any formal warning is given or where other disciplinary action is contemplated against the employee.
4.3 IMPORTANCE OF SPEED
All stages of the formal procedures should be effected as speedily as possible in the interests both of management and employees, and particularly in respect of cases of alleged gross misconduct. All time limits in this procedure may be varied by mutual consent.
4.4 "PRINCIPLES OF NATURAL JUSTICE"
It is important that the principles of natural justice and legislative requirements are seen to be observed. The Governing Body should ensure particularly that the same person is not responsible for the investigation, the hearing and the appeal in respect of any one case.
5.0 DELEGATION OF POWER RELATING TO DISCIPLINARY MATTERS
5.1 The School Standards and Framework Act 1998 states that:
The regulations of conduct and discipline in relation to the staff of the School shall be under Control of the Governing Body, and that they should establish:
a) disciplinary rules and procedures
b) take such steps as are necessary to make them known to staff.
5.2 The Act also states that both the Governors and the Headteacher have the power to suspend any person employed to work at the School on full normal pay where, in their opinion, their exclusion from the School is required.
5.3 a) Where a Governing Body recommend the dismissal of any person employed to work at the School and appeal rights have been exhausted, they are required to notify the Borough in writing of their determination and the reasons for it.
b) The Borough is required within a period of 14 days of receipt of the notification to either:
terminate the individual's contact with appropriate notice under their Contract of Employment
or terminate the contact without notice if the circumstances are such that the employee's conduct warrants it.
6.0 UNSATISFACTORY PERFORMANCE AND MISCONDUCT (OTHER THAN GROSS MISCONDUCT)
6.1 Investigating Alleged Breaches of Discipline
6.1.1 The Council's Financial Standing Orders require that Headteachers must immediately inform the Head of Legal Services and Head of Financial Services of:-
a) any circumstances which suggest the possibility of irregularity affecting the resources/employees of the School or Governors; and
b) any other circumstances which may arise which may have an adverse effect on public confidence in the integrity of employees and the services administered by the Council,
The Head of Personnel and Training Services must also be informed.
6.1.2 Investigations into Financial Irregularities
a) The initial investigation will take the form of an audit investigation conducted by the Council's Audit and Performance Review Manager or one of his/her staff. This stage does not form part of the disciplinary procedure. If a matter is likely to be considered in a disciplinary context two or more audit staff may be expected to be present at the interview.
b) The result of this investigation will normally be reported to the Headteacher and/or Chairman of Governors except in exceptional circumstances who should then seek the advice of the Head of Personnel and Training Services as to whether there are any issues to be referred by the Disciplinary Procedure.
c) If in the course of the audit investigation issues potentially relevant to the disciplinary procedure come to light the employee(s) will be advised at the commencement of the interview of that fact and be given the right to be accompanied by a trade union or other representative. At the conclusion of these interviews the procedure in paras 6.1.3 b) and c) will be followed.
6.1.3 Investigations into non-financial matters
a) If a Headteacher has reasonable grounds for considering that the conduct of an employee warrants disciplinary action, she/he should inform the employee of the nature of the complaint. The employee should receive a written note of the complaint.
b) The Headteacher or their representative in liaison with Personnel and Training Services shall arrange to investigate the matter, including interviewing the employee. The employee must:
1) be given the opportunity to state their case;
2) be given reasonable notice of the meeting (if requested up to 5 days notice of the meeting must be given);
3) be advised of their right to be accompanied by a trade union or other representative; and
4) be given a copy of disciplinary procedures applicable should the case be pursued and any other appropriate documentation.
c) The Headteacher shall decide whether the alleged breach of discipline has occurred and, if so, is of a minor nature, a serious nature, or constitutes gross misconduct. In the light of the conclusions of the investigation the Headteacher shall decide whether to:
d) issue an oral warning for minor breaches of conduct; (the Headteacher will keep a record of the oral warning and the employee will be notified as such)
e) Consider any remedial measures such as training or more supervision;
f) suspend an employee from duty on full pay, or be transferred to other duties pending further investigation;
g) refer the matter immediately for a disciplinary hearing.
NB: Where remedial training is recommended as in (b) above, further disciplinary action will not
be taken until the expiry of the training period.
A separate procedure exists to deal with capability issues in the case of teachers.
6.1.4 Investigation into allegations concerning children.
Where allegations concerning actions in relation to children are investigated, the procedures agreed with the Child Protection Unit must be followed.
Pupils are not normally expected to give evidence personally at disciplinary hearings although recorded written evidence may be presented. Normal arrangements will involve pupil statements being taken with an opportunity for a representative of the employee to be present as a non participant observer.
6.2 DISCIPLINARY HEARINGS
6.2.1 Where an oral warning has failed to improve the employee's conduct or performance or where the alleged misconduct or performance justifies action without a prior oral warning, the matter will be investigated in accordance with the principles specified in 6.1.3.
6.2.2 The Hearing Officer who as appropriate may be the Headteacher or the Chairman of Governors or his/her representative (ie Head or his/her representative) will write to the employee giving a minimum of 5 working days' notice and include the following in the letter:
‑ the fact that the interview is a disciplinary hearing;
‑ the nature of the alleged misconduct or unsatisfactory performance;
‑ where and when the disciplinary hearing will take place;
‑ the right to be accompanied by a trade union or other representative.
‑ enclose any documentation which may be considered at the hearing;
‑ advise if any witnesses will be called.
‑ advise the employee to submit documentary evidence and notify of any witness to be called at least 24 hours prior to the hearing (late submission will only be allowed if acceptable to both sides).
The number of persons attending the hearing should be kept to a minimum, the Head of Personnel and Training Services or a representative will be present.
6.2.3 The Hearing Officer (the Headteacher, Chairman of Governors or his/her representative) will introduce those present and outline the purpose of the disciplinary hearing. The hearing will be conducted in accordance with the procedure set out in Para 6.2.4 to 6.2.9.
6.2.4 The person responsible for investigating or presenting the case will present the evidence by outlining the nature of the complaint, providing any supporting documentary evidence and calling witnesses as necessary. The employee and/or their representative and the Hearing Officer/Head of Personnel and Training Services will have the opportunity to ask questions. The employee and/or their representative will then be given the opportunity to explain their view of the alleged misconduct or unsatisfactory performance. The officer responsible for presenting the case/the Hearing Officer/Head of Personnel and Training Services will have the opportunity to ask questions.
6.2.5 If new facts emerge in the interview, the Hearing Officer should decide whether further investigation is required. If it is, the interview should be adjourned and reconvened when the investigation is complete.
6.2.6 Following the conclusion of evidence the Hearing Officer should call an adjournment before reaching a decision and come to a clear view about the facts and, if they are disputed, decide on the balance of probability what version of the facts is true.
6.2.7 If the Hearing Officer finds the alleged misconduct or unsatisfactory performance substantiated, s/he should before deciding on the penalty, consider the gravity of the offence, the penalty applied in similar cases, the individuals current disciplinary record and any mitigating circumstances.
6.2.8 The Hearing Officer should recall the parties at the hearing to inform the employee of the decision and the penalty, if any, including where appropriate what improvement is expected, how long the warning will last and what the consequences of failure to improve may be.
6.2.9 If other disciplinary action is to be taken, this should also be stated at the disciplinary hearing (see paragraph 7)
6.2.10 The warning and or other disciplinary action, if any, must be confirmed in writing and must be sent within 7 calendar days. The letter will advise the employee:‑
a) of the nature of the complaint and the areas requiring improvement;
b) of any facilities being made available to the employee to secure an improvement;
c) that a warning has been given and/or the nature of any other action taken (see paragraph 7) whether this is a First or Final Warning;
d) that the facts will be held on his/her personal file;
e) of the consequence of further unsatisfactory performance or misconduct; and
f) of the right of appeal under paragraph 12 of this procedure.
A copy will be sent to any representative accompanying the employee.
Where the decision is to take no disciplinary action this will also be recorded in writing
6.2.11 Where notes of a meeting are taken these will be sent to the employee and their representative. Notes will not be in the format of a full transcript.
6.2.12 Any written warning may be a final warning depending on the circumstances. If the written warning is a final warning the employee must be informed of this in the letter.
6.2.13 Where the warning is not a final warning and the employee commits a similar offence or subsequent but different offence a further warning and/or action may be taken. The further warning may be a final warning depending on the circumstances. The procedure outlined in paragraph 6.2 ‑ 6.2.11 above would be followed.
6.3 CURRENCY OF WARNINGS
6.3.1 a) A formal oral warning will remain current for 6 months from the date of issue.
b) A first written warning will remain current for one year.
c) A final written warning will remain current for two years.
6.3.2 On the expiry of the period or in the event of any warning or other disciplinary action under the formal procedure being reconsidered or withdrawn, it will then be disregarded for any future disciplinary consideration.
6.3.3 The principles set out in paragraphs 4.2 above will be taken into account when determining the currency of any warning.
7.0 OTHER DISCIPLINARY ACTION
7.1 Other disciplinary action may include:
a) withholding of annual increments for support staff only ( Teachers conditions of service preclude this option in a disciplinary context .)
7.2 Other disciplinary action which may be considered if the warning procedure has been exhausted includes:
a) suspension on half or no pay for a specified period. (To be used as an alternative to dismissal only);
b) demotion/transfer with no protection of pay or enhancements; (Normally to be used as an alternative to dismissal only);
c) dismissal with notice or payment in lieu; or
d) summary dismissal (in the case of gross misconduct only).
Action under 7.2 would require a hearing to be convened with a Disciplinary Panel of Governors.
8.0 GROSS MISCONDUCT
8.1 Gross misconduct is behaviour of such a nature that the Governing Body is normally unable to tolerate the continued presence at work of the employee(s) in question. The disciplinary rules give examples of offences which may be regarded as gross misconduct. These are examples only and are not an exclusive or exhaustive list of offences constituting gross misconduct. (See Part 1).
8.2 Where a case of alleged gross misconduct is proved, the Governors may recommend dismissal without notice and without any requirement to give prior warnings. The Head of Personnel and Training Services will be consulted and will be present at the disciplinary hearing.
In Schools it is the responsibility of the Governing Body to make decisions regarding the dismissal of employees. Governing Bodies are required to establish a Dismissal Committee of not less than three Governors.
In accordance with the School Standards and Framework Act 1998, the Governing Body must make arrangements to allow an employee who they may decide to dismiss the opportunity to make representations (including oral representations) to such persons as the Governors may appoint for the purposes. Employees should also be advised of their right to appeal against a dismissal decision. The Governing Body should establish an appeals panel of at least the same size as the Dismissal Committee.
8.3 The procedure in 6.2 ‑ 6.2.11 above will be followed.
9.0 SUSPENSION
9.1 In cases of alleged gross misconduct, the employee may be suspended on full pay (which should include all contractual and expected entitlements) immediately, such suspension may be pending:
a) a full investigation;
b) the availability of the Governing Body to hear the employee's explanation;
c) the availability of a full‑time trade union officer, in the case of disciplinary action against a union or association official;
d) where a decision on whether or not to dismiss cannot be taken at the time.
9.2 Suspension in this instance is not to be treated as a disciplinary measure. The employee will be advised of the terms of the suspension, their rights during that period and the name of an employee who will provide support (e.g. the Council's Welfare Officer).
9.3 The employee will be informed, in person where possible, of the decision to suspend and written confirmation will be sent within 7 calendar days. The employee will cease work immediately on being informed of the suspension. Written confirmation will confirm detail the Terms of the suspension..
9.4 The suspension will be reviewed within ten working days by the Headteacher and the revocation or extension of the suspension period will be notified in writing.
9.5 During such suspension the employee will receive normal pay as defined in the employee's written statement of employment particulars.
10.0 SPECIFIED CATEGORIES
10.1 Trade Union Officials
10.1.1 No disciplinary action will be initiated against an accredited trade union official without advising a full‑time officer of the union or association concerned. No action will be taken without the opportunity for representation by a full time officer of the Union concerned.
10.1.2 Where gross misconduct is alleged the official may be suspended in accordance with paragraph 9 above until the full‑time official has been contacted.
10.2 Trainees (Including Supernumeraries)
10.2.1 The School may from time to time take on trainees, who will either be appointed to a particular role; or may be on fixed term contracts.
10.2.2 While trainees should receive equality of treatment with all other employees, particular regard should be given to their age, maturity and general lack of experience in a work situation.
11. CRIMINAL PROCEEDINGS
11.1 Conviction for a criminal offence will not automatically result in the dismissal of an employee.
11.2 An investigation will be carried out and the position will be considered in the light of all the circumstances known at the time of the disciplinary hearing.
11.3 Alternatively, acquittal of a criminal charge will not in itself preclude disciplinary action being taken.
12. APPEALS PROCEDURE
12.1 A School employee may appeal against any formal disciplinary warning or against dismissal by appealing to a panel of the Governing Body appointed to their appeals.
12.2 No-one who has taken part in the initial discussions or has detailed knowledge of the case will take part in an appeals panel.
12.3 An appeal should be made in writing, stating the grounds for appeal to the Headteacher within 7 calendar days of the receipt of the letter of notification.
12.4 The Headteacher will notify the appellant and their representative if appropriate of the time, date and venue of the appeal hearing. The appellant will be given at least 7 calendar days notice of the hearing.
12.5 The parties to the appeal hearing will exchange documents and any written statements of submission at least 5 working days before the hearing. Copies of all documents relevant to the appeal will be made available to the appeal panel.
12.6 An appeal panel should consist of at least three Governors and not less than the numbers of Governors making up the original disciplinary panel. A representative of the Personnel and Training Unit should attend to advise the panel.
12.7 The appeal hearing will be conducted in accordance with the procedure shown in Appendix one.
12.8 The appeal panel may allow, reject or modify the disciplinary action taken. A modification should not involve a penalty of greater severity. Their decisions will be Final and should be given orally at the conclusion of the hearing and confirmed in writing within 5 working days. A copy of this letter should also be sent to the Head of Personnel and Training.
NOTE i) The Committee reserves the right to call any witness or employee who might be able to assist and clarify any point that may emerge during the hearing in order to enable the Committee to form a decision consistent with the spirit and intent of the A C A S Code on Disciplinary Practice and Procedure and of natural justice. Witnesses will only remain present whilst giving evidence.
NOTE ii) Where a member of the Appeals Panel or Committee is known to the appellant in such a manner which would prejudice a fair hearing, the member should declare that interest and withdraw from the hearing.
APPENDIX ONE
CONDUCT AND PROCEDURES FOR DISCPLINARY HEARINGS INCLUDING APPEAL HEARINGS
CONDUCT
1 As far as is reasonable hearings should be held at a time and place which is acceptable to all parties.
2 The parties to the Hearing will exchange any written submissions or documents not later that 5 working days before the Hearing. Notification of any witnesses to be called will also be given at this time.
3 Suitable opportunity should be made for the employee and his/her representative to meet in private before, during and after the hearing.
4 Witnesses should be instructed not to discuss their evidence with other witnesses during the hearing.
5 During the Hearing requests for short adjournments from either party should be considered if they seem reasonable.
PROCEDURE
1 The Chairman of the Panel or the Hearing Officer as appropriate will introduce the meeting and confirm meeting arrangements.
2 The Headteacher or his/her representative will put the School's case and present witnesses if appropriate.
3 The employee and his/her representative to have the opportunity to ask questions of the Headteacher or his representative and any witnesses.
4 The Panel or Hearing Officers and any representative of the Borough to have an opportunity to ask questions of the Headteacher or his/her representative and witnesses.
5 The employee and/or his/her representative to put their case and call any witnesses.
6 The Headteacher or his/her representative to have any opportunity to ask questions of the employee or his/her representative.
7 The Panel or Hearing Officers to have opportunity to ask questions of the Headteacher of his/her representative.
8 Opportunity for summing up by the Headteacher or his/her representative. No new information should be introduced at this stage.
9 Opportunity for summing up by the employee or his/her representative. No new information should be introduced at this stage.
10 Both parties to withdraw whilst the panel consider their decision with advice from the Head of Personnel and Training or his representative.
11 If the Panel or Hearing officer wishes to recall any Party or witness for clarification all parties will reconvene at this time.
12 All parties should reconvene to hear the decision of the panel or Hearing Officer. The decision to be confirmed in writing within 7 working days. | 
