Disciplinary and Grievance

Should an incident or issue occur within Millfield Pre-school (MPS), the Committee for MPS will carry out the following procedures outlined to ensure the issue/dispute is resolved effectively and fairly.

A full investigation will take place, ensuring all the relevant information/interview sheets etc are gathered and fully documented.

1. The initial step in the disciplinary procedure is for a member of the Committee or the Lead Practitioner/Manager to meet the employee to discuss the conduct or performance in question through the means of an investigation meeting. During the investigation period it must be evaluated whether the employee continues within the working environment.

The employee will be presented with a letter inviting them to a formal investigation meeting. The investigation meeting should happen as soon as is reasonably possible. The employee must have a minimum of 48 hours notice to prepare for the meeting. The letter must communicate the nature of the issue/complaint against them, the date, time and location of the proposed meeting, who will be conducting the meeting and the person accompanying them. The employee must have communicated to them the right to be accompanied and this may be by a fellow colleague or Trade Union Representative/Official. If the employee is under the age of 18 they also have the right to be accompanied by a parent/guardian. Both parties will have the opportunity to present evidence, ask and answer questions.

NOTE: An employee may face suspension from duties for either Misconduct
or Gross Misconduct allegations. If the employee poses a risk to the
Pre-school, other staff members, children within the setting’s care, or
themselves, then they can be suspended from duties on full pay. All
cases must be evaluated individually.

In cases where Gross Misconduct is suspected, the employee must be suspended from the work place with immediate effect and with full pay. The employee must be verbally informed that as a result of alleged allegations against them (specify what these are) they are being suspended from duties whilst an investigation is conducted and escorted from the premises if necessary. A formal letter of suspension pending an investigation must then be sent to the employee stating the date and reason they were suspended from duties. It must inform the employee that they are suspended on full pay pending an investigation and a further letter inviting them to an investigation meeting must than be sent as per a. above.

2. Once an investigation meeting has taken place, a letter must be written to the employee to confirm the findings and subsequent outcome. These may be;

a. No further action is required. If the employee is suspended they must be given notice of when to return to work (this would be on their next scheduled shift).

OR

b. A formal disciplinary hearing is required.

3. The employee must receive a formal invitation to a disciplinary hearing. The employee must be given a minimum of 72 hours notice to attend such a hearing. The letter must include the allegations against the employee, the time, date and location of the meeting, who will be hearing the meeting (the Chairperson) and who will be accompanying them. The employee has the right to be accompanied and this may be by a fellow colleague or Trade Union Representative/Official. If the employee is under the age of 18 they also have the right to be accompanied by a parent/guardian. A copy of any paperwork (eg. evidence such as investigation notes/interview sheets/statements/training records etc) intended to be presented at the hearing must also be enclosed.

4. The outcome of the hearing must be made to the employee within 7 days in a formal letter. The outcome may be any of the following:

a. No further action.

b. Verbal Warning. This will be recorded in the employee’s work record for 6 months.

c. First Written Warning. This will be recorded in the employee’s work record for 12 months.

d. Final Written Warning. This will be recorded in the employee’s work record for 12 months.

e. Summary Dismissal.

5. The letter to the employee must ensure that the final outcome of the disciplinary hearing is communicated. As applicable an explanation of what the employee must do to achieve an acceptable performance or to ensure there is no repetition of the issue must be given. The term for the period that the level of warning remains on the employee’s work record must be stated. It must also be stated that any reoccurrence of the issue within the term of warning could result in further disciplinary action being taken. Finally, the employee must be given the opportunity to appeal against the disciplinary decision. The employee has 7 days from receipt of the outcome of the disciplinary hearing to make an appeal. The appeal must be made in writing and full details of the person to make the appeal to must be given in the letter (this cannot be the individual who held the disciplinary hearing).

6. APPEAL – A meeting for the appeal will be heard within 14 days of the employee’s written request or as is reasonably possible. The appeal hearing will be communicated by formal letter giving the employee 48 hours notice to attend. The letter must contain the date, time and location of the proposed meeting, who will be conducting the meeting and the person accompanying them. The employee must have communicated to them the right to be accompanied and this may be by a fellow colleague or Trade Union Representative/Official. If the employee is under the age of 18 they also have the right to be accompanied by a parent/guardian. The outcome of the appeal is final.

a. Lateness

b. Unauthorised Absence

c. Dishonesty

d. Failure to comply with reasonable requests or instructions

e. Failure to comply with Health & Safety.

a. Racist or sexist behaviour

b. Racial and sexual harrassment

c. Being drunk at work

d. Drug taking

e. Violence

f. Dishonesty

g. Theft

h. Bullying

i. Persistent failure to comply with reasonable requests or instructions from management

j. Bringing the organisation into disrepute.
(The above is neither an exhaustive or exclusive list)

9. Any grievance should be, whenever possible, settled promptly and fairly. A record should be maintained of all correspondence between the employee, Lead Practitioner/Manager and the Committee.

10. If an employee is dissatisfied with a situation/member of staff, parent/carer or feel they have been unfairly treated, they have the opportunity for prompt discussion with the Lead Practitioner/Manager to reach a resolution.

11. Should the grievance persist, or the employee feels it has not been resolved, a management panel should be set up for the purpose of further discussion. The panel (a minimum of 2 persons) will be made up from the Committee. The employee must express their wish for any such further discussion through a formal written request to the Chairperson of the Committee. The Chairperson will then elect a minimum of 2 members for the panel. The employee may be accompanied to the meeting by a fellow colleague or Trade Union Representative/Official or if the employee is under 18 a parent or guardian. The meeting will be arranged at a mutually convenient time by the panel with the employee and the employee will be notified by letter of all details.

12. The employee will be notified of the outcome of the Grievance Meeting within 7 days of the meeting with the panel. The employee has the right to appeal the outcome. The appeal must be made within 7 days of receiving the outcome letter. The appeal must be made in writing and full details of the person to make the appeal must be given in the letter (this cannot be the person(s) who held the grievance meeting).

13. APPEAL – A meeting for the appeal will take place within 14 days of the employee’s written request or as is reasonably possible. The appeal hearing will be communicated by formal letter giving the employee 48 hours notice to attend. The letter must contain the date, time and location of the proposed meeting, who will be conducting the meeting and the person accompanying them. The employee must have communicated to them the right to be accompanied, this may be by a fellow colleague or Trade Union Representative/Official. If the employee is under 18 they also have the right to be accompanied by a parent/guardian. The outcome of the appeal is final.