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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Disciplinary and Grievance Policy
1. Introduction
At {{org_field_name}}, we are committed to fostering a professional and respectful workplace where all employees are treated fairly and equitably. We recognise that clear policies on conduct, discipline, and grievance procedures are essential in maintaining high standards of support, protecting employees, and ensuring a positive working environment.
This policy outlines the procedures for handling disciplinary matters and employee grievances in a fair, transparent, and lawful manner. It aligns with the Employment Rights Act 1996, the ACAS Code of Practice on Disciplinary and Grievance Procedures, and Supported Living regulations on governance, ensuring that we have robust systems in place to address concerns and manage performance issues effectively.
2. Purpose and Scope
The purpose of this policy is to provide a structured process for managing instances of misconduct or poor performance and to ensure that employees have a clear and fair avenue to raise concerns or grievances. It applies to all employees of {{org_field_name}}, including full-time, part-time, temporary, and agency workers.
This policy ensures that:
- Disciplinary matters are handled consistently, fairly, and in line with employment law.
- Employees understand their rights and responsibilities in relation to conduct and performance.
- Grievances are addressed promptly and in a supportive manner, allowing employees to voice their concerns without fear of retaliation.
By implementing this policy, we aim to maintain professionalism, safeguard the well-being of staff, and uphold the highest standards of support for tenants.
3. Disciplinary Procedure
The disciplinary procedure is designed to address and resolve instances of misconduct or performance issues in a structured and fair manner. Our approach emphasises early intervention, support, and fairness, ensuring that employees are given the opportunity to improve while maintaining the integrity of the workplace.
3.1 Informal Resolution
Where possible, minor misconduct or performance concerns are addressed through informal discussions. Managers or supervisors will provide constructive feedback and set expectations for improvement. Employees may be offered additional training, mentorship, or support to help them meet the required standards.
3.2 Formal Disciplinary Process
If informal measures do not lead to improvement or if the issue is of a serious nature, a formal disciplinary process is initiated. The process follows a structured approach to ensure fairness and compliance with employment law.
Step 1: Investigation
- A fact-finding investigation is conducted to gather evidence regarding the alleged misconduct or performance issue.
- The employee is informed of the investigation and may be asked to provide a statement or attend an investigatory meeting.
Step 2: Notification of Disciplinary Hearing
If the investigation concludes that disciplinary action may be necessary, the employee will receive a written notification outlining:
- The nature of the allegation(s).
- The evidence gathered.
- Their right to be accompanied by a colleague or trade union representative.
- The possible outcomes of the hearing.
Step 3: Disciplinary Hearing
- The hearing is conducted by a senior manager who has not been involved in the investigation to ensure impartiality.
- The employee is given the opportunity to present their case and respond to the evidence.
Step 4: Decision and Outcome
Based on the evidence, possible outcomes include:
- No further action if the concerns are unsubstantiated.
- A verbal or written warning for minor misconduct.
- A final written warning for repeated or more serious misconduct.
- Dismissal for gross misconduct or repeated failure to improve.
Step 5: Right to Appeal
- Employees can appeal the decision in writing within seven days of receiving the outcome.
- A senior leader who was not involved in the original decision will review the appeal.
4. Examples of Misconduct and Gross Misconduct
Misconduct (which does not warrant immediate dismissal) includes:
- Poor timekeeping or unauthorised absence.
- Failure to follow policies or procedures.
- Inappropriate behaviour towards colleagues or tenants.
Gross Misconduct (which may justify immediate dismissal) includes:
- Theft, fraud, or dishonesty.
- Physical violence, harassment, or abuse.
- Negligence that results in harm to a tenant.
- Serious breaches of regulatory requirements, such as falsifying records.
5. Grievance Procedure
The grievance procedure allows employees to raise concerns about their working conditions, treatment by colleagues or management, or any other work-related issues. {{org_field_name}} ensures that grievances are handled fairly, promptly, and without prejudice.
5.1 Raising a Grievance
Employees should first attempt to resolve grievances informally by speaking to their manager. If the issue cannot be resolved informally, a formal grievance should be submitted in writing, outlining:
- The nature of the grievance.
- Relevant dates, times, and any supporting evidence.
- The outcome the employee seeks.
How to raise a grievance:
- Verbally to the Service Manager or Safeguarding Lead.
- By email to the Service Manager: {{org_field_registered_manager_email}}.
- By phone to the Service Manager or Safeguarding Lead: {{org_field_phone_no}}.
- Out of hours phone number: {{out_of_hours}}.
- Online via our website: {{org_field_website}}.
- In writing, by requesting a grievance form from the office.
5.2 Grievance Investigation and Hearing
- An impartial investigator is appointed to examine the issue.
- A grievance hearing is scheduled within ten working days, where the employee presents their case.
- The employee has the right to be accompanied by a colleague or trade union representative.
5.3 Decision and Outcome
The outcome of the grievance hearing is communicated in writing and may include:
- Mediation.
- Policy changes.
- Disciplinary action against another party (if necessary).
5.4 Right to Appeal
Employees can appeal in writing within seven days if dissatisfied with the outcome. The appeal is reviewed by a senior manager who was not involved in the original decision.
6. Protection from Victimisation
Employees who raise grievances or participate in disciplinary procedures are protected from victimisation. Retaliation against employees for raising concerns will not be tolerated and may result in disciplinary action.
7. Confidentiality and Record Keeping
- All disciplinary and grievance matters are handled confidentially.
- Records are maintained securely and only shared on a need-to-know basis.
- Employees have the right to access records related to their case under data protection laws.
8. Compliance and Policy Review
This policy is reviewed annually to ensure compliance with employment law and Supported Living regulations.
Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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