Disciplinary Policy and Procedure for Police Staff

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1 Disciplinary Policy and Procedure for Police Staff Reference No. P09:2002 Implementation date 14 November 2012 Version Number 2.3 Reference No: P09A:2002 Linked documents Police Staff Diciplinary Procedural Guidance Notes Disciplinary Procedural Guidance Notes for Police Staff P12:2010 Attendance Support Procedure for Police Staff P13:2010 Performance Support Policy and Procedure for Police Staff P13:2006 Alcohol Misuse Testing and Welfare Support Policy and Procedure P42:2005 Substance Misuse Testing and Welfare Support Policy and Procedure P09:2000 Support for Person Reporting Wrongdoing Policy and Procedure P13:2001 Internet Access and Use Procedure Policy Section Procedure Section Suitable for Publication Yes Yes Protective Marking Not Protectively Marked PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE. 1

2 Table of Contents 1 Policy Section Statement of Intent Aim and Rationale Our Visions and Values People, Confidence and Equality Standards Legal Basis People, Confidence and Equality Impact Assessment Monitoring / Feedback Policy Section Principle Content Examples of Misconduct Informal Management Action Assessment of Misconduct Criminal Proceedings Precautionary Suspension Investigation of Cases and Action on Completion of an Investigation Action Prior to a Disciplinary Hearing and The Disciplinary Hearing Disciplinary Outcomes Following a Disciplinary Hearing Time Limits for Warning Appeals Consultation and Authorisation Consultation Authorisation of this version Version Control Review Version History Related Forms Document History

3 1 Policy Section 1.1 Statement of Intent Aim and Rationale Public confidence in the police service depends on all police staff demonstrating the highest level of professional standards of behaviour. These standards are contained in the Police Staff Council Standards of Professional Behaviour which are referenced under Section 3.2 of this policy. The aim of this policy is to provide a fair, consistent, timely and proportionate method of dealing with alleged misconduct, allowing Dorset Police, as the employer, to seek an informal resolution where appropriate, but also allow for more formal proceedings should the circumstances justify the consideration of disciplinary action. This policy should be followed by all those involved in disciplinary cases and is deemed a contractual document. An accompanying document - Police Staff Disciplinary Procedural Guidance Notes (P09A:2002) - is also available to assist managers in dealing with disciplinary issues, and staff who are the subject of disciplinary investigations. This policy enables the organisation to influence the conduct of staff and deal with issues of poor conduct. Disciplinary action is designed primarily to achieve improvement rather than to exact a penalty other than in the case of gross misconduct. Rules set standards of conduct at work; procedures help ensure that the standards are adhered to and also provide a fair method of dealing with alleged failures to observe them. Separate policies exist to deal with problems of poor performance and attendance. This policy applies to all police staff employed by both the Chief Constable and the Police and Crime Commissioner. Therefore, there may be occasions when the Police and Crime Commissioner requires access to specialist HR resources/skills employed by the Chief Constable to support the agreed processes. 1.2 Our Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives:- To Make Dorset Safer To Make Dorset Feel Safer In doing this we will act in accordance with Our Values of:- Integrity Professionalism Fairness and Respect 3

4 National Decision Model Not Protectively Marked The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. Code of Ethics The Code of Ethics underpins every policy, procedure, decision and action in policing today however for the purposes of this policy the appropriate initial reference is the Police Staff Council Standards of Professional Behaviour. 1.3 People, Confidence and Equality This document seeks to achieve the Priority to Make Dorset Feel Safer by Securing Trust and Confidence. Research identifies that this is achieved through delivering services which: 1. Address individual needs and expectations 2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism 5. Express Force values 6. Instil confidence in staff This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be:- Listened to Kept informed Protected, and Supported 2 Standards 2.1 Legal Basis This policy supports the legislation within the Employment Act 2008 and enshrines the principles of the ACAS Code of Practice on Disciplinary and Grievance Procedures

5 Section 1 of The Public Interest Disclosure Act 1998 ensures that a worker is protected if they disclose certain things that could result in disciplinary proceedings; this is commonly referred to as whistleblowing. Examples include where a criminal offence has been committed or is likely to be committed or where the health and safety of an individual has been, or is likely to be endangered. Further advice on the Act and whistlelbowing is available in the Force s Support for Person Reporting Wrongdoing P&P P09: People, Confidence and Equality Impact Assessment During the creation of this document, this business area is subject to an assessment process entitled People, Confidence and Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Any Other Standards The Joint Executive Board has recognised that data misuse is a serious issue and potentially undermines public confidence. All instances where an individual looks at a confidential database without a policing purpose will be viewed as a potential criminal offence and therefore Gross Misconduct (Level 2). For clarity, systems such as CJS, PNC and NICHE must only be searched where there is a genuine policing purpose and where the check is necessary as part of your role. Police Staff Council (PSC) Joint Circular 54 sets out the agreement on the Standards of Professional Behaviour which apply to police staff covered by the PSC Handbook. PSC Joint Circular 80, issued in November 2014, states that the Code of Ethics do not replace these pre-existing standards. However, any behaviour that falls short of the Standards of Behaviour set out in the Code of Ethics may be used as evidence contributing to an allegation of misconduct, but that allegation has to apply to a failure to meet the particular standards set out in the PSC Standards of Professional Behaviour. ACPO guidance on the Management of Business Interests and Additional Occupations for Police Officers and Police Staff (October 2012) is designed to promote consistent decision making when authorising business interests and additional occupations which do not conflict with the work of the police, undermine public confidence or adversely affect the reputation of the employee, the Force, or the wider police service. 2.4 Monitoring / Feedback Adherence to this policy will be monitored at local level by the Human Resources Business Support Teams and centrally by the HR Specialist, Employee Relations and Contracts Management, as part of the HR Quarterly Performance Pack. However, changes to employment legislation and developing case law will also necessitate constant monitoring. Feedback relating to this policy can be made in writing or by e- mail to:- Address: HR Specialist, Employee Relations and Contracts Management .Policy Team HR Telephone:

6 3 Policy Section 3.1 Principle Content This policy is not intended to apply to the following matters:- i. Termination of a fixed term or temporary contract; ii. Termination during or at the end of a probationary period; iii. Termination by reason of redundancy; iv. Resignation of the employee or other termination by mutual consent; v. Termination by reason of retirement on the grounds of permanent ill health or in the interests of the business efficiency; vi. Capability, in terms of lack of capability as defined in the Performance Support Procedure; vii. Termination at the end of an extension of service; viii. Workers employed through an agency or non police staff volunteers Alleged misconduct will be dealt with in a proportionate and timely way and neither the employer nor the employee should unreasonably delay meetings, decisions or confirmation of those decisions No disciplinary sanction will be made against an employee until the case has been carefully investigated Where appropriate, informal management action will be considered initially to resolve problems of misconduct Both the employer and the employee will act reasonably when dealing with disciplinary issues and endeavour to resolve any disciplinary issues in the workplace Decisions on whether the allegations made are proven will be made on the balance of probabilities The employee will be promptly advised of the nature of the misconduct or the basis of the allegation/complaint. Both the employer and the employee will, apart from in exceptional circumstances, provide each other with copies of evidence they rely on and relevant witness statements in advance of any disciplinary hearing Where it is felt that informal management action is not appropriate or where the desired improvement is not achieved or maintained, then formal disciplinary action will be considered Whenever a disciplinary meeting or hearing is convened, the employee will have the right to be accompanied by a Dorset Police work colleague or a Trade Union Representative, but not a member of the legal profession. For a disabled employee, the duty to make reasonable adjustments may extend to permitting additional or alternative representation, for example a support worker or family member experienced in managing the employee s disability No employee will be dismissed for the first breach of discipline except in the case of gross misconduct when the penalty will normally be dismissal without notice or payment in lieu. 6

7 The Professional Standards Department will be informed if a complaint has been received from a member of the public against a member of police staff and/or a potential criminal allegation is made against a member of staff An employee may be subject to formal disciplinary action because of an allegation of or an arrest, charge or conviction for, a criminal offence in or outside of their employment. In such circumstances the criterion for determing whether the disciplinary procedure should be invoked will be the extent to which the alleged offence is incompatible with continued employment with Dorset Police Sickness absence will not prevent the Force from advancing a discipline issue. The process may be delayed for up to four weeks upon receipt of a suitable medical certificate where the individual is sick and unable to attend either a meeting or hearing. If after this delay the employee is still too sick to attend a further four week delay will be granted subject to the individual being assessed by Occupational Health and a clear medical view being presented that recovery will take place within this timeframe. No further delays will be considered beyond this but the employee will be afforded the opportunity of submitting written representations and, as outlined under 3.1.8, may appoint a representative to attend the meeting on their behalf If, in the course of a formal disciplinary investigation, an employee raises a grievance that is related to the facts of the case, it will be appropriate in most cases to deal with both issues concurrently as it is likely that the grievance will form part of the employees defence. However, in exceptional circumstances the disciplinary process may be temporarily suspended There may be cases where an employee raises a grievance during a course of a formal disciplinary investigation due to their disagreement with what is seen as reasonable management action that has been taken during the disciplinary process itself e.g. a grievance against an imposed relocation whilst a disciplinary investigation is ongoing. In these cases, the employee should raise their grievance as soon as they become aggrieved. However to avoid unnecessary delays the grievance will be recorded and reviewed to decide if any action is warranted at the conclusion of the disciplinary process or at the time For the avoidance of doubt, an allegation or complaint regarding the implementation of management action will not, in normal circumstances be considered under the Force Grievance Procedure If a written warning is current the Force is obliged to disclose this to any potential future employer who requests an employment reference from the Force. Where an employee is the subject of a disciplinary investigation or procedure at the time of their resignation, the Force will include this information in any reference provided where requested All formal sanctions will be published in Force General Orders. Where a member of staff is dismissed or resigns prior to misconduct proceedings appropriate details will also be published in the National Register of Disapproved Officers, a database maintained by the College of Policing Although this procedure will apply to trade union stewards and representatives, the formal stages of the procedure will not be invoked until the circumstances of the case have been discussed with the Branch Secretary or, in the case of seconded officers, the Regional Officer of UNISON. 7

8 An employee will have the right to appeal against any formal disciplinary penalty imposed. 3.2 Examples of Misconduct Public confidence in the police service depends on all police staff personnel demonstrating the highest level of personal and professional standards of behaviour. These standards are contained in the PSC Standards of Behaviour which for ease of reference are summarised below:- Honesty and integrity; Authority,respect and courtesy; Equality and diversity; Use of restraint; Instructions; Work and responsibilities; Confidentiality; Fitness for work; Discreditable conduct; Challenging and reporting improper behaviour Link to PSC Joint Circular 54 (full details of the Standards of Professional Behaviour). Link to PSC Joint Circular 80 (relationship with Code of Ethics) Examples of Misconduct General Misconduct (Level 1) General misconduct is of sufficient gravity to warrant disciplinary action but not serious enough to warrant dismissal for a first offence. Examples of general misconduct are given below however the list is not exhaustive. Acts may still come within the definition of gross misconduct dependent on their degree of severity and magnitude. i. Poor time keeping, abuse of the Force s flexible working scheme, taking excessive refreshment breaks, unsatisfactory record of attendance or reliability. (Attendance linked to sickness absence would be dealt with under the Attendance Support Procedures.); ii. Unjustifiable absence from work or leaving the place of work without permission; iii. Refusal to carry out reasonable instructions; iv. Inappropriate use of language; v. Negligence or failure in performance of duties; vi. Unacceptable personal hygiene at work; vii. Public criticism of the Force through the media (including the internet and social media) where this affects the reputation or rights of an individual or the Force; viii. A failure to comply with Force policy, health and safety requirements or General Order instructions not amounting to gross misconduct. 8

9 Gross Misconduct (Level 2) Gross misconduct is regarded as misconduct of such a nature that it fundamentally breaches the contract between the employee and employer. Examples of gross misconduct are given below, but as with general misconduct, the list is not exhaustive and other acts of misconduct may be found to amount to gross misconduct. Additionally some of the offences below may be criminal offences and may therefore be referred for criminal investigation. i. Theft, fraud, deliberate falsification of records or claims for personal gain; ii. Negligence leading to serious loss, damage or injury; iii. Fighting, assault on another person; iv. Deliberate and serious damage to police property; v. In accordance with the Alcohol and Substance Missuse policies i.e. incapacity through alcohol or being under the influence of illegal drugs; vi. Unauthorised employment/business interests; vii. Unauthorised access to and/or disclosure of confidential information/data; viii. Serious sexual, racial or other forms of harassment or unlawful discrimination; ix. Bullying; x. Bringing the Force into disrepute by committing an act inside or outside working hours which is likely to be deemed contrary to the Force s Visions and Values; xi. Deliberately accessing internet sites containing pornographic, offensive or obscene material; xii. Improperly using or attempting to use official position for own private advantage; xiii. Serious breach of health and safety procedures; xiv. Corruption or the involvement in bribery situations Gross misconduct, if proven, will normally be met with summary dismissal. 3.3 Informal Management Action Cases of minor misconduct are usually best dealt with informally and in a proportionate and timely way through informal management action (IMA). IMA is not part of the formal disciplinary procedure and does not require formal investigation. If a manager believes that a situation warrants IMA they should contact the HR Business Support Team. More detailed guidance on IMA is contained in the Disciplinary Procedural Guidance Notes P09A: Assessment of Misconduct Where it is felt that IMA is not appropriate or where the desired improvement is not achieved or maintained, then formal disciplinary action will need to be considered. More detailed guidance is contained in the Disciplinary Procedural Guidance Notes P09A:

10 3.5 Criminal Proceedings An employee may be subject to formal disciplinary action because of an allegation of or an arrest, charge or conviction for, a criminal offence in or outside of their employment. In such circumstances the criterion for determing whether the disciplinary procedure should be invoked will be the extent to which the alleged offence is incompatible with continued employment with Dorset Police. Cases will be considered on a individual basis and advanced where it is safe to do so without prejudice to the court case thereby ensuring public interest is served and confidence in the Service maintained. More detailed guidance is contained in the Disciplinary Procedural Guidance Notes P09A: Precautionary Suspension There may be instances where a precautionary suspension is deemed necessary while investigations are carried out. This will usually be, but is not limited to, cases of gross misconduct, cases where a potential criminal offence has been committed or the public interest will be best served by suspension due to the nature of the allegation. A precautionary suspension will be subject to an individual s normal terms and conditions i.e. it will not generally affect any pay or allowances A precautionary suspension is not an assumption of guilt and is not a disciplinary sanction. Precautionary suspensions will only be imposed after careful consideration and will be reviewed to ensure they are not protracted. Prior to a suspension consideration will be given to the viability and appropriateness of temporary redeployment during the investigation. More detailed guidance is contained in the Disciplinary Procedural Guidance Notes P09A: Investigation of Cases and Action on Completion of an Investigation If an investigation is required to establish the facts this will be carried out by an Investigating Officer. The purpose of an investigation is to obtain evidence in order to determine the facts and make a decision as to whether there is a case to answer, that IMA is appropriate or if there is a requirement to conduct a disciplinary hearing. More detailed guidance is contained in the Disciplinary Procedural Guidance Note P09A: Action Prior to a Disciplinary Hearing and the Disciplinary Hearing Detailed guidance is contained in the Disciplinary Procedural Guidance Notes P09A: Disciplinary Outcomes Following a Disciplinary Hearing No Disciplinary Action If it is decided that there is no disciplinary case to answer, no disciplinary sanction will be imposed. It may be decided however that IMA, such as further training or a supportive action plan is appropriate. 10

11 First Written Warning Not Protectively Marked If the conduct does not meet acceptable standards, the employee will normally be given a first written warning. The employee will be advised of the reasons for the warning and their right of appeal against the decision. Final Written Warning If a further offence occurs and the employee already has a current first written warning, or the misconduct is sufficiently serious to warrant a final written warning but would not justify dismissal, a final written warning will normally be given. Equally, if an employee s misconduct, or its continuance, is having a serious effect on the efficiency of the sevice, it may be appropriate to move directly to a final written warning. Dismissal or other Sanction Short of Dismissal Where the employee already has a current final warning and further misconduct is proven, it may be considered appropriate to dismiss the employee with notice. Where gross misconduct is proven, the employee can be summarily dismissed, immediately and without prior warning In most circumstances reference to previous warning, either first written or final written will only relate to live warnings. However, there will be occasions when the decisions will be influenced by an expired warning if that warning relates to the same or substantially similar offence, being considered When a decision is taken to dismiss that decision becomes effective from the date the decision is made regardless of any appeal that may be made. The submission of an appeal will not affect the date of dismissal however should an appeal be successful and the employee is reinstated then this will be back-dated. There will be no payment made for any time owed or annual leave. The only exception to this will be any statutory entitlement the individual may have. Untaken statutory leave in the current leave year will be calculated on the basis of the proportion of the year that has been completed. Under no circumstances will untaken leave from previous years be paid More detailed guidance is contained in the Disciplinary Procedural Guidance Notes P09A: Time Limits for Warning Detailed guidance is contained in the Disciplinary Procedural Guidance Notes P09A: Appeals An employee has the right to appeal against any disciplinary action taken against them. The appeal gives employees another opportunity to put forward their case and employers a chance to address any unfairness in the original process The individual or body hearing the appeal may allow the appeal, dismiss the appeal or impose a lesser or even potentially higher penalty for example new evidence may arise at the appeal stage which may justify a higher penalty even if the evidence available at the disciplinary hearing would not have justified it. 11

12 More detailed guidance is contained within the Disciplinary Procedural Guidance Notes P09A:

13 4 Consultation and Authorisation 4.1 Consultation Version No: V2.3 Name Signature Date Police & Crime Commissioner Mr M Underhill Police Federation Constable 753 T Tester Superintendents Association C/Superintendent M Cooper UNISON Other Relevant Partners (if applicable) Mrs D Potter 4.2 Authorisation of this version Version No: V.3 Name Signature Date Prepared: Mr I Coombs, HR Specialist, Employee Relations and Contracts Management Quality assured: Mr S Hounsell, Personnel Manager, Business Support Authorised: Mr P Channon, Head of Personnel Services Approved: Mr G Smith, Director of Human Resources 5 Version Control 5.1 Review Date of next scheduled review Date: (alongside Procedural Guidance Notes) 13

14 5.2 Version History Version Date Reason for Change Created / Amended by 1.0 Initial Document Reformatting Ms M. Ashdown HR Designation Changes Fit for purpose review Mrs. E. Jacobs Mrs. E. Jacobs 2.0 April 2010 Revised against Employment Act 2008 Mrs. E. Jacobs References to the Police Authority Kate Berchem replaced with PCC no further review or Force Policy Coordinator updating taken place. Reviwe dates remain as for V /03/2014 Insertion of stage 2 transfer paragraph to section 2.1 Kate Berchem Force Policy Co- 2.3 April 2015 Key changes. Policy aligned to associated guidance notes (revised 5/14) duplicate wording either removed or simplified. Updated aginst PSC Joint Circular 80 (2.3). Section 2.3 also references JEB position on data misuse and ACPO guidance on business interests (unauthorised employment or business interest also moved to Level 2 gross misconduct; vi). Reference to National Register of Disapproved Officers database (3.1.18). Appeals section updated i.e. appeal could result in higher penalty (3.11.2) 5.3 Related Forms ordinator Mr I Coombs Force Ref. No. Title / Name Version No. Review Date 5.4 Document History Present Portfolio Holder Director of Human Resources Present Document Owner HR Specialist, Employee Relations and Contracts Management Present Owning Department Human Resources Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Strategic People Board Date Approved: 7 th May 2015 Chief Officer Approving: Mr G Smith Template version January

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