392a Disciplinary procedure Flashcards
(37 cards)
Which are the minimum levels set for the formal
stages in the Disciplinary Procedure Guidance
Stage 1
Formal Stage 1: Investigation – FRS C/watch manager/operations manager; conduct
hearing/take action;
For conduct issues – FRS D/station manager/operations manager;
For attendance/performance issues – FRS C/watch manager/operations manager.
Which are the minimum levels set for the formal
stages in the Disciplinary Procedure Guidance
Stage 2
Formal Stage 2: Investigation – FRS D/station manager/operations manager;
Conduct hearing/take action – FRS E/group manager/senior operations manager.
Which are the minimum levels set for the formal
stages in the Disciplinary Procedure Guidance
Stage 3
Formal Stage 3: Investigation – FRS E/group manager/senior operations manager;
Conduct hearing/take action – FRS G/deputy assistant commissioner/principal operations
manager.
Hence head of service/Brigade manager will hear appeals against action taken at Formal Stage 3
(which will include dismissals).
What happens at the Informal stage if discipline
This is an informal discussion with the line manager. The separate formal stages of initiating
action, investigation, hearing and decision are not relevant at this stage. The informal approach
means that minor problems should be dealt with quickly and confidentially. The line manager will
speak to the employee about their conduct, attendance or performance and may put this in
writing although it would not form part of the disciplinary record.
At the informal stage the manager should ensure that employees are clear of the expected
outcomes and the process by which they will be achieved.
What happens at the First formal stage
1) An employee’s line manager, at watch manager/FRS C/operations manager level or above, may
initiate the disciplinary process and investigate. Where, following a disciplinary meeting, the
employee is found guilty of misconduct; the usual first step would be to give them a warning.
2) A warning must give details and an explanation of the decision. It should warn the employee that
failure to improve or modify behaviour may lead to further disciplinary action, and advise them of
their right of appeal. A warning should be disregarded for disciplinary purposes after six months.
8) Where the issue is one of unsatisfactory performance or unsatisfactory attendance, please refer
to the guidance.
9) A warning may only be given to an employee by a manager at station manager/FRS D/operations
manager level or above
What happens at the Second formal stage
1) Where there is a failure to improve or change behaviour in the timescale set at the first formal
stage, or where the offence is sufficiently serious, the sanction may be no greater than a final
written warning. This sanction may only be issued after a further investigation and hearing.
2) A final written warning must give details and an explanation of the decision. It should warn the
employee that failure to improve or modify behaviour may lead to dismissal or to some other
sanction, and advise them of their right of appeal. A final written warning should be disregarded
for disciplinary purposes after eighteen months. Where a lesser sanction is issued, the same right
of appeal applies.
3) A final written warning may only be given to an employee by a manager at group manager/FRS
E/senior operations manager level (or equivalent) or above.
Whats the minimum rank of a manager who can issue a final written warning?
Manager at group manager level or above
What happens at the Third formal stage
1) Where employees continually fail to improve or where the offence is sufficiently serious, there
should be an investigation and hearing. The sanctions available may include dismissal.
Alternatively, the outcome may be a sanction less than dismissal (see Guidance for details).
Employees must be told they have the right to appeal and details of the appeals process.
2) Any sanction up to dismissal may only be given to an employee at deputy assistant commissioner/FRS G/principle operations manager level or higher.
Whats the minimum rank of a manager who can sanction a dismissal?
Manager at deputy assistant commissioner (DAC)
What is Gross misconduct
Acts which constitute gross misconduct are those resulting in a serious breach of contractual
terms and thus potentially liable for summary dismissal. It is still important to establish the facts
before taking any action.
Acts which may constitute Gross misconduct
- theft or fraud;
- bribery or accepting a bribe;
- physical violence or bullying;
- deliberate and serious damage to property;
- serious misuse of the Authority’s property or name;
- deliberately accessing pornographic, offensive or obscene material;
- unlawful discrimination or harassment;
- bringing the Authority into serious disrepute;
- serious incapacity at work brought on by misuse of alcohol or illegal drugs;
- causing loss, damage or injury through serious negligence;
- a serious breach of health and safety rules;
- a serious breach of confidence.
The disciplinary procedure is designed to cover behaviour which is contrary to that necessary for
ensuring a safe and efficient workplace, and for maintaining good employment relations. Such
behaviour could include, but is not limited to:
- bad behaviour, such as fighting or drunkenness;
- unsatisfactory work performance;
- harassment, victimisation or bullying;
- misuse of company facilities (for example e-mail and internet);
- poor timekeeping;
- unauthorised absences;
- repeated or serious failure to follow instructions.
Time limits applicable to the different stages of the procedure are set out in the guidance below.
These may be varied by mutual agreement.
Time Scale for Hearings
The timing and location of the hearing should where practicable be agreed with the employee
and/or their representative. The length of time between the written notification and the hearing
should be long enough to allow the employee and/or their representative to prepare and shall in
any event be not less than:
- seven days for first formal stage;
- ten days for the second stage;
- twenty-one days for the third stage.
Where should hearings be held?
The manager should hold the hearing in a private location and ensure both that there will be no
interruptions and that the employee feels the issue is being treated confidentially.
If an empoyee representative cannot attend on a proposed date, the employee has a statutory right to suggest another date.
What is a reasonable time frame to be given?
Not more than seven days after the date originally
proposed by the employer. This seven-day time limit may be extended by mutual agreement.
Before making any decision the employer should take account of the employees
Disciplinary and general record Length of service Actions taken in any previous similar case The explanations given by the employee Other relevant factors
Following the meeting/hearing how should the decision should be confirmed?
In writing as soon as possible.
Within seven days.
What should the decision include
A description of the nature of the issue
Any required remedial action
The timescale for improvement.
Except in cases of dismissal, where the issues
relate to performance and in other cases where appropriate the decision shall include the
following:
- the improvement that is required;
- the timescale for achieving this improvement;
- a review date;
- all support the employer will provide to assist the employee.
Employees should also be informed that if there is no improvement, further stages, leading
ultimately to dismissal, may be invoked
What rank is the lowest levels of line management who can take action within the procedure.
Crew Manager
The levels of line management who can take action within the procedure
Formal stage 1
For Investigation, Watch Manager
For Conduct, Station Manager
Formal stage 2
For Investigation, Station Manager
For Conduct, Group Manager
Formal stage 3
For Investigation, Group Manager
For Conduct, Divisional Assistant Manager (DAC)
What Representation can an employee use
Employees have a statutory right to be accompanied by a fellow employee or trade union official of their choice at all formal stages of the procedure.
In addition, it is good practice for employees to be provided with the opportunity to be accompanied at the investigation stage although this should not frustrate the process.
Fellow employees or trade union officials do not have to accept a request to accompany an employee, and they should not be pressurised to do so.
Is an employee or lay trade union official who has agreed to accompany a colleague employed by
the same employer entitled to take a reasonable amount of paid time off to fulfill that
responsibility?
Yes
This should cover the hearing and allow time for the representative to familiarise themselves with the case and confer with the employee before and after the hearing. A request for reasonable paid time off by a trade union official to accompany an employee employed by another fire authority in the same region shall be given due consideration by the respective
employers.
The representative should be allowed to address the meeting/hearing in order to:
- put the employee’s case;
- sum up the employee’s case;
- respond on the employee’s behalf to any view expressed at the hearing.
A final written warning may only be given to an employee by a?
Manager at group manager
