Dealing with discipline and grievances

Transcription

1 Getting the support you need Dealing with discipline and grievances When you employ a personal assistant using direct payments, a personal health budget or your own funds, it s possible that disagreements may arise, however good your intentions. This leaflet is designed to help you manage disagreements and disputes in the proper way. Disputes with staff can seem daunting but don t worry. SILC can give you the support and guidance you need every step of the way. FAST FACTS 1 4 If you would like this information in large print, on audio CD, in Braille or another format, please contact us.

2 When you re unhappy with your PA s work There are a variety of reasons why you might be dissatisfied with the service you re getting from your PA. For example: Your PA hasn t followed your rules, e.g.: smokes in your kitchen, leaves medicine bottles open. Your PA shows a poor attitude or is careless, e.g.: is rude to your taxi driver, fails to mop up spills. Your PA does the job badly, e.g.: washes up so badly that the dishes are still dirty, arrives late in the morning. Whilst many disputes can be resolved through simple discussion and gentle reminders, there are things you should do to manage the situation safely.

3 When you re unhappy with your PA s work Discuss the issue Set time aside to discuss the problem with your PA and try to explain the issues carefully and fully. Write down the points that you re making and put dates to incidents, e.g. 30 minutes late on Tuesday 2nd June. Write down your PA s response too, e.g.: PA explained problem with bus and apologised for lateness. Unsatisfactory explanation? If your PA does not answer your questions properly or politely, if they don t have the skills to improve their behaviour, or if the problem occurs frequently, you should begin to follow a formal disciplinary procedure. Remember to write down notes about the important parts of your conversations and put a date to them. Satisfactory explanation? If you re happy with your PA s response, discuss what can be done to stop the problem happening again (for example, catch an earlier bus to allow more time). Arrange training Discuss with your PA what training they need in order to be able to carry out their job properly. You can ask SILC for help in arranging the training. Issue a warning Explain that unless their behaviour improves to a specified level within a set time, you will arrange a formal hearing to discuss dismissal. Issue closed Keep the record of your conversation safe in case you need it for future reference.

4 Assess If the training is successful, record this in your notes and keep them safe. Case closed. If further training is needed, discuss with SILC. Behaviour improves Record this in your notes and keep them safe. Behaviour improves Record this in your notes and keep them safe. Behaviour does not improve Arrange a hearing. This is a formal discussion with you, your PA and possibly a third party who takes notes (someone from SILC can help). You need to write your PA a letter giving notice of the hearing and provide her or him with copies of any relevant notes. Your PA is also entitled to have someone with them during the hearing, although this can t be a family member. Final warning Give your PA a final warning that their behaviour needs to improve by an agreed date or you will begin the dismissal process. Dismissal Issue notice of dismissal to your PA. The notice period and manner of dismissal needs to be carried out very carefully and SILC can advise you on this.

5 When your PA wishes to complain As an employee, your PA has the right to be treated fairly and courteously. If they re not happy with something, they can log a grievance using the procedure shown on the back of this leaflet, without fear that making a complaint will jeopardise their job. Your PA feels disrespected, e.g.: your family speaks to them rudely. you talk about your PA to others while he or she is in the room. Your PA feels unsafe, e.g.: lifting equipment is faulty. you have an unruly dog. Your PA feels taken advantage of, e.g.: days off are changed at short notice. additional tasks are requested at the end of the day. While many disputes can be resolved through simple discussion, there are grievances that need to be properly managed. When this is the case, use the procedure on the back page. See diagram overleaf

6 When your PA wishes to complain Discuss the issue Set time aside in which your PA can describe the problem and discuss it with you. Write down the points that they make and put dates to incidents. If the grievance concerns your behaviour, it might be best to arrange for your PA to speak to someone else. SILC can help with this. Satisfactory discussion? Your PA is happy with the outcome of the discussion and you ve agreed any actions that need to be carried out. Issue closed Keep the record of your conversation safe, in case you need it for future reference. Unsatisfactory explanation? If your PA is not happy with the outcome of the discussion, and does not think that the planned actions will improve the situation, you should begin a formal grievance procedure. Remember to write down notes about the important parts of the conversations you have and put a date to them. Arrange a formal hearing This is a formal discussion with you, your PA and a third party who takes notes (someone from SILC can help). You need to write your PA a letter giving notice of the hearing and provide them with copies of any relevant notes. They must provide any evidence they have in support of their grievance. Your PA is also entitled to have someone with them during the hearing, although this can t be a family member. There are two possible outcomes to the hearing. Grievance upheld You must agree the changes to be made and plan future working with your PA. SILC can help you do this. Grievance not upheld If you find that the complaint is not valid, you should focus on the future working relationship with your PA. Remember to keep notes of all your discussions in case you need to refer to them in the future. SILC is a voluntary organisation led and run by disabled people. To find out more about us, call , text , admin@surreyilc.org.uk or look on our website Surrey Independent Living Council Charity Registration No VAT Registration No A company limited by guarantee Registered in England and Wales Company No Registered Office Astolat, Coniers Way, Burpham, Guildford, GU4 7HL Fast Fact 14- v4