Review date: August 2019 Responsible Manager: Head of Human Resources. Accessible to Students: No

Transcription

1 n Disciplinary Termination Policy and Procedure Date approved: 14 October 2015 Approved by: Extended Executive Review date: August 2019 Responsible Manager: Head of Human Resources Executive Lead: Group Director (HR and OD) Accessible to Students: 1. Consultation Consultation undertaken with: Newcastle College Group Services Newcastle Sixth Form College West Lancashire College Kidderminster College Intraining Rathbone 2. Applicability of Policy to Organisation This policy applies to: Newcastle College Group Services Newcastle Sixth Form College West Lancashire College Kidderminster College Intraining Rathbone 3. Scope and Purpose of Policy This policy and procedure does not form part of staff contracts of employment nor does it confer any contractual rights. It applies to any member of staff employed at Newcastle College, NCG Group Services, Newcastle Sixth Form College and West Lancashire College under a Contract of Employment other than the holders of senior posts as defined in NCG s Articles of Government. n Disciplinary Termination Policy August 2015 Page 1

2 This policy and procedure does not apply to independent contractors working for NCG. The aim of all NCG Policy frameworks is to give employees as much freedom as possible in how they deliver their work whilst recognising that to safeguard everyone s interest it is necessary to have in place rules that must be upheld in the workplace. NCG promotes positive conduct and aims to ensure that there will be a fair and systematic approach to the management of non-disciplinary issues in the workplace. The aim of this policy is to ensure that: Everyone is treated fairly and consistently and equally regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Everyone knows what to do if a non-disciplinary or appeal situation occurs, and how it will be managed. 4. Policy Statement NCG will apply this policy and procedure where a recommendation to dismiss is to be made for one or more of the following reasons: Unsatisfactory DBS. This recommendation would only be made by a Human Resources designated counter signatory. n-renewal or early termination of fixed term contracts (including hourly paid fixed term contracts). Failed probationary period (as an interim process until Probation Policy and Procedure is approved). All other employment related issues will be dealt with through a different policy and procedure. These would include but are not restricted to the Redundancy and Redeployment Policy and Procedure, the Disciplinary Policy and Procedure, the Capability Policy and Procedure, and the Attendance Policy and Procedure. 5. Equality and Diversity Statement In accordance with NCG procedures an equality impact assessment has been undertaken for this policy on 9 September Linked Policies Criminal Records Policy 7. Linked Procedures Criminal Records Procedure n Disciplinary Termination Policy August 2015 Page 2

3 8. Location and Access to the Policy The n Disciplinary Policy is located as follows: NCG Intranet: Group Services: Group Policies and Procedures NCG Website: Media Centre: Guide to Information: Our policies & procedures If employees have no access to the Intranet site and wish to view the policy, they should contact their line manager or their Human Resources Department. 9. Person Responsible for the Policy Group Director of HR & OD. 10.Variations variations to this policy have been made in relation to any Division of NCG to which it applies. Intraining, Rathbone and Kidderminster College have separate arrangements in place which reflect their structures. n Disciplinary Termination Policy August 2015 Page 3

4 Content 1. Equality and Diversity 2. Right to be Accompanied 3. n Disciplinary Termination Procedure 3.1 n Disciplinary Termination Meeting 3.2 n Disciplinary Termination Outcome(s) 4. Appeals Procedure 4.1 Appeal Meeting 4.2 Appeal Outcome(s) 1. Equality and Diversity Where an employee has a disability or other specific requirement and reasonable adjustments are necessary, the employee should reach prior agreement about the nature of such adjustments with the manager responsible for the relevant part of the procedure. In cases where sickness absence delays the process, NCG reserves the right to refer individuals to Occupational Health to explore ways in which the process can be adjusted to allow individuals to participate without unnecessary delay. It is NCG policy that no audio recordings are permitted to be taken at any meeting other than in exceptional circumstances and by prior agreement e.g. to accommodate visual/hearing impairment. 2. Right to be Accompanied Throughout the formal stages of this procedure, the employee has the right to be accompanied by a work colleague or a trade union representative. Consideration will also be given to requests to be accompanied at the informal stage of this procedure. The employee should notify the manager responsible for chairing the meeting, in advance of the meeting, if they wish to be accompanied and who their companion will be. The companion may, at the employee s request: Assist the employee to prepare for the meeting. Put forward the employee s response. Sum up the employee s response. Confer during the meeting and/or request an adjournment. Take notes on the employee s behalf. n Disciplinary Termination Policy August 2015 Page 4

5 The companion cannot answer questions on the employee s behalf. Where the chosen companion cannot attend on the date proposed, an employee can propose an alternative time and date so long as it is reasonable and falls within 5 working days of the original date. 3. n Disciplinary Termination Procedure This procedure will be used for all cases specified in paragraph 4 of the Policy Statement above. Before any formal action is taken, the manager (or in the case of unsatisfactory DBS, the designated DBS signatory) must discuss the situation / issue with the relevant member of the Divisional SMT or Divisional SLT. Having done so and prior to entering the formal stage with the employee, managers must discuss the case with the relevant Human Resources representative. In the case of a non renewal of a fixed term contract and / or failed probation, the relevant member of the Divisional SMT or Divisional SLT will discuss with the relevant Human Resources representative an intention to terminate the employment. 3.1 n Disciplinary Termination Meeting Where the relevant member of Divisional SMT or Divisional SLT has consulted with the relevant Human Resources representative, and it is determined that a meeting is required, the member of Divisional SMT or Divisional SLT should: Write to the employee inviting them to a meeting within 10 working days. Give the employee a minimum of 5 working days notice of the meeting date. The relevant Human Resources representative will be present at this meeting. The purpose of this meeting is for the member of Divisional SMT or Divisional SLT to consider the issue(s) and to determine whether or not their employment will be terminated. 3.2 n Disciplinary Termination Outcome(s) Where possible, within 10 working days of the meeting, the member of Divisional SMT or Divisional SLT will endeavour to confirm the outcome in writing to the employee. The outcome may be: Extend or confirm the employment, detailing the reasons why and any requirements / recommendations moving forward i.e. impose a lesser warning, or action short of dismissal. Dismissal of an employee. The letter will also detail the reason(s) for dismissal, the date on which the employment will terminate, the n Disciplinary Termination Policy August 2015 Page 5

6 appropriate period of notice (if applicable) and the employees right of appeal against the outcome. Please note that in all cases where a transfer, demotion or dismissal is being considered, the Head of Human Resources or relevant Human Resources representative must be made aware of this, before the decision is communicated to an employee. 4. Appeals Procedure If an employee considers that the decision taken in a non-disciplinary termination meeting, including a decision to dismiss, is unreasonable or unfair, they have the right to appeal against it. The appeal should be made in writing to the Head of Human Resources, and be received within 10 working days of the date of the letter confirming the outcome of the non-disciplinary termination meeting. The letter must give full details of the grounds on which the appeal is being made. There are differing minimum levels of management authority for hearing a non-disciplinary termination appeal and these are: An appeal against action short of dismissal will normally be heard by an alternative member of Divisional SMT or Divisional SLT, who was not directly involved in the original decision. An appeal against dismissal will normally be heard by a Senior Postholder or equivalent, and who was not directly involved in the original decision. 4.1 Appeal Meeting The relevant manager responsible for hearing the appeal should: Write to the employee inviting them to an appeal meeting within 10 working days of receiving the appeal. Give the employee a minimum of 5 working days notice of the meeting date. The Human Resources representative will be present at this meeting. Records and access to all relevant documentation, of the non-disciplinary meeting decision being appealed against, will be made available to the person chairing the appeal. The purpose of the appeal meeting is for the employee to discuss with the relevant manager, the grounds for their appeal and to identify why they feel the decision was unreasonable or unfair. n Disciplinary Termination Policy August 2015 Page 6

7 4.2 Appeal Outcome(s) Where possible, within 10 working days of the meeting, the relevant manager responsible for hearing the appeal will endeavour to confirm the outcome in writing to the employee. The outcome may be: Uphold the original non-disciplinary decision, detailing the reasons why and that this decision is final and there is no further right of appeal or Overturn the original decision, detailing the reasons why and any requirements / recommendations moving forward. The decision from the appeal meeting will be final and binding. n Disciplinary Termination Policy August 2015 Page 7