Disciplinary procedure overview
Right to representation
All members of staff will have the right to be represented by a recognised staff side official or a workplace colleague at the formal stages of the disciplinary procedure.
Where appropriate, managers should address minor misconduct informally in the first instance. An informal approach can assist in addressing concerns effectively and swiftly.
Where such discussions have taken place, managers must follow up the meeting with a letter of concern.
For more information on an informal approach, please see section two of the disciplinary procedure.
Formal stage – initial review and formal investigation
Where misconduct has potentially occurred, an initial review of the facts and surrounding circumstances will take place by an appropriate departmental manager and HR.
If it is deemed that there is sufficient evidence to progress to a formal disciplinary investigation, the HR department will allocate a senior manager to act as the case manager.
The case manager will notify the member of staff of the allegations and commission an investigation into the allegations. The member of staff will have the right to representation during this stage of the procedure.
For further details of the formal stage, please read section seven of the disciplinary procedure.
Where suspension is required, advice from HR must be sought prior to any action being taken.
Following a full and thorough investigation into the allegations, the investigation may conclude on the following possible outcomes:
- No case to answer – no further action
- Case to answer – member of staff has accepted full responsibility for their actions, in which case a fast track disciplinary meeting may be recommended with an agreed level of disciplinary sanction
- Case to answer – fast track process does not apply, a formal disciplinary hearing will be recommended
- First written warning – active for a period of 12 months
- Final written warning – active for a period of 18 months
- Dismissal – termination of employment from the Trust
Right of appeal
Staff can appeal against a disciplinary sanction issued through a disciplinary hearing or the fast track process. See section 7.5 of the disciplinary procedure for more information.