BETHS GRAMMAR SCHOOL CONDITIONS OF SERVICE FOR TEACHERS

BETHS GRAMMAR SCHOOL CONDITIONS OF SERVICE FOR TEACHERS July 2015 Review due February 2018

CONTENTS Page 1. INTERPRETATION... 2 2. EMPLOYMENT OF TEACHERS... 2 3. THE HEAD TEACHER... 2 4. QUALIFICATIONS AND REFERENCES... 3 5. TRAVELLING AND SUBSISTENCE ALLOWANCES... 3 6. OTHER EMPLOYMENT... 3 7. MATERNITY / PATERNITY / ADOPTION RIGHTS... 4 8. PERIOD OF CONTINUOUS SERVICE... 4 9. CALCULATION AND PAYMENT OF SALARY... 4 10. PERFORMANCE MANAGEMENT... 5 11. ENTITLEMENT TO SICKNESS ABSENCE... 5 12. NOTIFICATION OF SICKNESS ABSENCE... 6 13. ROLE OF THE OCCUPATIONAL HEALTH SERVICE... 6 14. SICKNESS ALLOWANCES... 6 15. EXTENSION OF PERIOD OF PAYMENT OF SICKNESS LEAVE... 7 16. SPECIAL LEAVE OF ABSENCE... 7 17. GRIEVANCE PROCEDURE... 9 18. DISCIPLINARY PROCEDURE... 12 19. PROCEDURE FOR DEALING WITH LACK OF CAPABILITY... 19 1

1. INTERPRETATION 1.1. In these provisions, unless the context requires otherwise, certain expressions have the meaning hereby assigned to them: 1.2. "Secretary of State" means the Secretary of State for Education. 1.3. "Local Authority", "LA" or "the Council" means the Council of the London Borough of Bexley/Bexley Council acting as the statutory local authority. 1.4. "Director of Children s and Young People s Services " means the statutory officer or his/her representative. 1.5. "Governing Body" means the governing body of Beths Grammar School. 1.6. The School refers to Beths Grammar School 1.7. These provisions, unless otherwise stated, apply to all teachers in both permanent and temporary employment. A teacher shall be employed under a letter of appointment to a post, the letter containing conditions of service relating to the specific appointment supplemented by a general statement of the conditions of service of a teacher containing a reference to these provisions and regulations. 1.8. "Supply teacher" means a teacher employed on a day-to-day basis as a substitute or relief teacher. 1.9. "Burgundy Book" means the current edition of the handbook "Conditions of Service for School Teachers in England and Wales". 1.10. "School Teachers Pay and Conditions Document" means that document currently in force published by HMSO being provisions relating to pay and other conditions of employment of teachers prepared by the Department for Education. 1.11. "School working day" means one of the 195 days on which a teacher is required to be available for work. 2. EMPLOYMENT OF TEACHERS 2.1. The employment shall be in the service of Beths Grammar School and shall be in accordance with these provisions. A member of staff shall be employed under a letter of appointment to a post at the school supplemented by a statement of particulars of the terms of employment, including the terms and conditions contained in this document. 2.2. The conditions of service of an employee shall be subject to such modifications, if any, as may from time to time be necessary as a result of changes to the provisions of the Education Acts or Regulations made thereunder. 3. THE HEAD TEACHER 3.1. In accordance with the Articles of Association (paragraph 104) and the Scheme of Delegation, the head teacher shall exercise supervision over the teaching and non-teaching staff and shall have under his or her control the internal organisation, management and 2

discipline of the school. 3.2. In accordance with the School Teachers Pay and Conditions Document the head teacher shall participate, to such extent as may be appropriate having regard to his other duties, in the teaching of pupils at the school, including the provision of cover for absent teachers. 4. QUALIFICATIONS AND REFERENCES 4.1. Before a teacher is employed by the head teacher on behalf of the governing body he/she shall satisfy himself or herself that the qualifications, DBS, Prohibition Order, references and medical or other records or any other check required at the time, of any candidate have been verified and are acceptable. 4.2 Any educational qualifications obtained by a teacher after his or her appointment, whether such qualifications entitle the teacher to an increase in salary or not, shall be notified by the employee to the head teacher. 4.3 Before an appointment is made the governing body shall take up appropriate references from the current or recent employer. In making enquiries of referees, information shall be obtained in writing. 5. TRAVELLING AND SUBSISTENCE ALLOWANCES 5.1. Where the line manager, on behalf of the governing body, approves the attendance of a teacher on a course of in-service training and agrees that travel and subsistence expenses will be paid, such expenses will be paid in accordance with the scheme of allowances approved by the governing body. 5.2. Where an employee undertakes an approved official journey in connection with school business, the expenses will be paid in accordance with the scheme of allowances approved by the governing body. 5.3. An employee s expenses necessarily incurred in accompanying students on an approved visit shall be refunded on the basis agreed by the governing body. 5.4. An employee is normally expected to meet the expense incurred in travelling to and from his or her ordinary place of duty. 5.5. Payment of reasonable travel expenses incurred for interview is at the discretion of the governing body. 6. OTHER EMPLOYMENT 6.1. An employee holding a full-time post in the school may be in other employment provided such additional employment does not interfere with the proper performance of the duties relating to his/her full-time appointment. Any decision on this matter by the Head Teacher is subject to appeal to the governing body. 6.2. The Head Teacher may approve the employment of an employee as Presiding Officer or Poll Clerk when the school where he/she is employed is closed. 3

7. MATERNITY / PATERNITY / ADOPTION RIGHTS 7.1. A separate pack is available which provides detailed information regarding maternity/paternity and adoption 8. PERIOD OF CONTINUOUS SERVICE 8.1. Previous service with other local authorities and related employers will be added to continuous service with Beths Grammar School and count as continuous employment for specified purposes in the scheme of conditions of service and other agreements, unless there has been a break within or between the teacher's periods of service with such employers. In the case of approved leave of absence all previous service will count 9. CALCULATION AND PAYMENT OF SALARY 9.1. The remuneration of a teacher shall be in accordance with the scales of salary prescribed by the Secretary of State for Education in regulations and as described in the "School Teachers' Pay and Conditions Document", or such other formula prescribed by the Secretary of State for Education, regulation or statute. Any discretion with regard to additional payments or position on a pay scale is to be exercised by the governing body 9.2. The expression "school term" or "term" shall have the following meaning: 9.2.1. The autumn term from 1 September to 31 December 9.2.2. The spring term from 1 January to 30 April 9.2.3. The summer term from 1 May to 31 August 9.3. A teacher (other than a supply teacher) whose appointment ceases at the end of a term shall: 9.3.1. at the end of the summer term be paid salary to 31 August; or in the case of a teacher resigning to take up an appointment with another authority or school to the day preceding the day on which the school opens for the autumn term if this be earlier than 1 September; 9.3.2. at the end of the autumn term be paid salary to 31 December; 9.3.3. at the end of the spring term be paid salary to 30 April; or in the case of a teacher resigning to take up an appointment with another local education authority, or school, to the day preceding the day on which the school opens for the summer term if this be earlier than 1 May; 9.3.4. a teacher resigning his or her appointment with the governing body with effect from the end of the spring term to take an appointment with another local education authority or school should not be required to attend in Beths Grammar School on any day after the school has closed for the Easter vacation; 9.3.5. Where a teacher moves to a new teaching appointment at the start of the summer term and that appointment begins before 1 May, the receiving school shall be accountable for the payment of salary from the day on which term starts. Payment for the period from start of term to 1 May shall be at the higher of the rates for new and previous employment. 4

9.4. A teacher shall receive not less than 1/3 of a year's salary for each full term's service in any school 9.5. On taking up a new appointment a teacher shall, unless otherwise stated in his or her letter of appointment, be paid salary: 9.5.1. after the summer vacation from 1 September; or from the first school day of the autumn term if this is earlier than 1 September; 9.5.2. after the Christmas vacation from 1 January; 9.5.3. after the Easter vacation from 1 May, or from the first school day of the Summer Term if this is earlier than 1 May. 9.5.4. On taking up an appointment during a term, a teacher shall be paid salary from the first working day of the appointment. 9.6. Where there are exceptional circumstances, salary shall be paid up to such date as the governing body may decide in the particular case, having regard to any representations made on behalf of the teacher concerned. 9.7. The salary of a head teacher or a teacher shall cover all such teaching and other reasonable duties (as detailed in the "School Teachers' Pay and Conditions Document" currently in force) connected with the work of the school as he or she may be called upon from time to time to perform. 9.8. Salary shall be paid in monthly instalments, half in arrears, half in advance normally on the 15 th of each calendar month. Where this is a Saturday, Sunday or Bank Holiday, payment will normally be made by direct credit transfer to bank or building society account on the next working day. 9.9. If the school is temporarily closed, any teacher on the permanent or temporary staff shall receive payment of salary in full during the period of the closure. 9.10. Where unpaid leave of absence occurs with the permission of the governing body or a teacher is absent without such permission or other accepted cause (e.g. strike action) deductions of salary shall be calculated at a daily or part-daily rate based on the day's salary being 1/365 th of a year's salary for each day of the period of absence 10. PERFORMANCE MANAGEMENT 10.1. All qualified teachers employed on contracts of at least one term s duration are required to participate in the statutory performance management process, in accordance with the school s performance management policy. 10.2. Teachers shall be entitled to confidentiality during the conduct of performance management and in the storage of performance management information. SICKNESS ABSENCE 11. ENTITLEMENT TO SICKNESS ABSENCE 11.1. Absence for sickness is an entitlement providing teachers comply with the reporting procedure, which follows: 5

12. NOTIFICATION OF SICKNESS ABSENCE 12.1. A teacher must inform his/her head teacher via the school office as early as possible, preferably by 8 am on the first day of absence due to sickness or injury. 12.2. Where possible, the notification of absence should be by telephone by the member of staff. 12.3. Reasonable information should be given both initially and at appropriate intervals about the nature of the illness or injury and any possible indications of the likely duration of the absence. 12.4. If the absence lasts for less than eight days, a self-certification return to work form must be completed on the first day that the teacher returns to work. 12.5. For absences in excess of seven days, the teacher must produce a certificate or certificates signed by a registered medical practitioner covering the relevant period of absence. 13. ROLE OF THE OCCUPATIONAL HEALTH SERVICE 13.1. The governing body has a right to the Headteacher to refer a teacher to the Occupational Health Service for a medical assessment where considered appropriate. 13.2. The governing body or head teacher shall not challenge a teacher's need for sickness absence in any other way than in 13.1, or, if there is evidence raising concerns of conduct falling under section 18.4 of these conditions, under the disciplinary procedures. 14. SICKNESS ALLOWANCES 14.1. The entitlement to sickness allowance is based on aggregated teaching service with one or more local authorities: Period of Service During the first year of service During the second year of service During the third year of service During the fourth and successive years of service Entitlement 25 days' full pay and (after completing 4 calendar months' service) 50 days' half pay; 50 days' full pay and 50 days' half pay; 75 days' full pay and 75 days' half pay; 100 days' full pay and 100 days' half pay 14.2. Sick leave shall count against the allowance for the year in which the sick leave begins 14.3. Such sickness allowances will be paid on a pro rata basis to part-time staff. 14.4. Due to Teachers Pensions requirements, a teacher retiring prematurely for reasons of ill health will receive his or her full salary during the period of notice. 6

15. EXTENSION OF PERIOD OF PAYMENT OF SICKNESS LEAVE 15.1. In cases of prolonged absence, consideration will be given by the governing body to possible extensions of the entitlement to payment of sickness allowances. Such extensions to sickness allowances will not normally exceed the following limits: Period of Service Limits 1st year of service No extension of scale up to 9 years service Normal sickness pay entitlement to apply 10 to 14 years' service 6 months/26 weeks full pay plus 7 months/30 weeks half pay 15 to 19 years' service After 20 years' service 6 months/26 weeks full pay plus 8 months/34 weeks half pay 6 months/26 weeks full pay plus extension at full pay instead of half pay for a period of up to 6 months 16. SPECIAL LEAVE OF ABSENCE 16.1. Any leave granted to a teacher during term time is regarded as special leave. The following schedule together with the notes, which follow, indicates the circumstances in which, subject to prior approval in each case, a teacher will be allowed special leave. 16.2. Requests for special leave shall not be unreasonably refused by the head teacher or governing body. In addition to the reasons for absence and the scale of leave listed, the head teacher has authority to grant up to 5 days' leave of absence with pay in order to meet urgent situations and the governing body may grant leave of absence, with or without pay, at its discretion. 16.3. Throughout this section the word "day" means one of the 195 days on which teachers are required to be available for work. 16.4. Reasons for absence and scale of leave: Reason for absence Death of member of immediate family Serious illness of member of immediate family Funeral of member of immediate family Scale of leave Up to 5 days with pay (see note 1) Up to 2 days with pay (see note 1) 1 day with pay (see note 1) 7

Moving home Wedding of self Wedding of member of family Service as Justice of the Peace, or as a member of a public body (including county, borough or district councils) Candidate for European, parliamentary or any local election Shared Parental Leave (statutory entitlement) Maternity Support Leave (statutory entitlement) (in place of Paternity leave when employee is not entitled to claim SPP) Paternity leave (birth of son or daughter) (statutory entitlement) Time off for dependants (statutory entitlement) (Time off should be given to deal with family emergencies or domestic incidents where a dependant relies on the employees assistance [e.g. breakdown in a dependant or nursing care facilities, illness, accident, injury, assault or a serious incident[). Attendance at interviews for other posts Attendance at approved courses and for examinations Attendance at meetings of examiners for approved examinations Jury and witness service 1 day with pay per school year 1 day without pay per school year 1 day without pay per school year Up to 10 days with pay less claimable expenses per school year (see note 2) 2 days with pay per academic year. Additional unpaid leave at discretion of the Governing Body Up to 13 52 weeks unpaid leave (subject to meeting certain criteria) 2 days with pay for the father, partner or nominated carer of an expectant mother, at or around the time of birth. A copy of the MatB1 issued to the expectant mother should be produced. (shall count towards parental leave) Up to two weeks of which two days with full pay, eight days statutory paternity pay (SPP) subject to statutory qualifying conditions Up to 2 days paid leave per academic year, plus reasonable unpaid time off. Where possible, managers should continue to vary working arrangements with the agreement of the employee to deal with family and domestic incidents. Absence with pay as necessary (including up to 2 days with pay for travel if necessary) Up to 6 weeks with pay for approved courses Assistant examiners and moderators up to 5 days per school year Chief examiners and moderators up to 10 days per school year Subject to Conditions of Service for School Teachers in England & Wales (Burgundy Book) As required by the courts with pay less claimable expenses (see note 2) 8

Service in non-regular forces Attendance at graduation Official and formal Trade Union activity As necessary if attendance obligatory (see note 3) 1 day without pay Reasonable time off (See note 4) Notes: 1. "Immediate family" includes partner, parent, child, brother, sister or other person whom the teacher considers as his partner, parent, child, brother, sister. At the discretion of the head teacher the term "immediate family" may be extended to include another relative or a close friend. 2. A teacher serving as a juror, or Justice of the Peace, shall claim the allowance for loss of earning to which he or she is entitled. The governing body will deduct from the teacher's full pay an amount equal to the allowance receivable. 3. Where a teacher is absent from school because he or she is involved with activities associated with non-regular forces, the governing body will deduct from the teacher's full pay an amount equal to the pay received during the period of absence. 4. Trade Union duties - The Employment Rights Act 1996 (Sections 47 and 61-63 inclusive) provides for trade union representatives to take reasonable time off, with pay, for the purposes of carrying out duties concerned with industrial relations between employer and employees, and to undergo relevant training. The ACAS Code of Practice gives guidance as to what is "reasonable" in relation to time off, and it is the policy of the Authority to have regard to the provisions of both the Act and the Code when considering requests by professional association representatives for time off to carry out their duties. 17. GRIEVANCE PROCEDURE 17.1. This Grievance Procedure is to cover matters specific to an individual in relation to their service and/or conditions of service, with the exception of those matters for which separate rights of appeal may apply. The Grievance Procedure will not apply: to complaints by employees of harassment, bullying, victimisation and unlawful discrimination, including racism, covered by the Fair Treatment at Work Procedure or where an individual decides to make a protected disclosure as outlined in the School s Whistle Blowing Policy. The individual has the right to be accompanied by a trade union official, friend or work colleague at the formal stage of the procedure. General 17.2. A fair and established procedure exists whereby employees may air a grievance related to their employment and have it resolved. The governing body shall ensure that appropriate staff at the school understand this procedure. 9

17.3. Most grievances will involve other members of staff or the governing body of the school and will therefore admit resolution at school level 17.4. In the formal stage of this procedure, the employee may be accompanied at any interview by a friend or colleague, who may be a representative of their union/professional association, and who may also make submissions on their behalf. 17.5. The purpose of the informal stage of the procedure is to resolve issues locally wherever possible, but if the employee asks to be accompanied by a friend, such a request will not be unreasonably refused. 17.6. It is emphasised that the procedure set out in this section is designed to deal with individual grievances or disputes. It is not intended that it should be applied to collective grievances (see Section 17.25). Application of this Grievance Procedure to Employees Other than the Headteacher 17.7 Employees grievances can arise from a variety of sources. They can arise among members of staff or with the head teacher. They can involve the governing body of the school or the administration of the school. They can be of a relatively minor nature or of fundamental importance. It is therefore appropriate to set out: (a) a procedure which may enable a grievance to be resolved informally and without recourse to any subsequent stage; (b) a formal procedure where the informal procedure is inappropriate or has failed. 17.8 To assist in the resolution of grievances where recourse needs to be made to a formal procedure, the governing body should establish Informal Stage (a) an appropriate committee, constituted in accordance with the current School Government Regulations, consisting of at least three governors, which has within its terms of reference the hearing of grievances. (b) an appeals committee, constituted in accordance with the current School Government Regulations, consisting of at least three members and containing none of the same members as the committee in (a) above, for the purpose of hearing appeals against any decision of the committee. 17.9 Where an employee has a grievance which involves the head teacher, he or she should raise the matter with him or her directly. If the matter is not resolved informally, the grievance should move directly to the formal stage. 17.10 Where an employee has a grievance which involves other member(s) of staff, he or she should first of all endeavour to resolve the matter by direct approach to the member(s) of staff involved. Where such discussion does not resolve the problem the employee should bring the matter to his or her head of department, or other senior member of staff considered appropriate by the complainant, or to the head teacher. 17.11 Where an employee requests a personal interview with the head of department or other appropriate senior member of staff or head teacher, it shall be granted within five school working days of the request being made. 10

17.12 The head of department or other appropriate senior member of staff or the head teacher should seek to resolve the problem personally or, by mutual agreement, with other member(s) of the staff. The head teacher may also, with the consent of the employee expressing a grievance, seek consultation with the Local Authorities Services or with representative(s) of the employees' organisation(s) concerned, as may be thought appropriate having regard to the provisions of 17.10 and 17.11. Formal Stage 17.13 Where the matter has not been resolved under any of the procedures referred to above, the employee concerned may move into the formal stage by submitting a formal written notice of the grievance to the head teacher. A copy of this formal written notice shall be given to the person(s) against whom the employee has a grievance. The head teacher should address a formal report to the governing body, to be sent to the clerk within five school working days. (Where the grievance is against the head teacher, the employee should write to the clerk to the governing body and give a copy of the letter to the head teacher). 17.14 The appropriate committee (see 17.8 above) should seek to resolve the problem. All relevant documents from the parties concerned should be submitted to the committee. The committee shall allow the parties concerned, if they so wish, to make oral submissions at a meeting of that committee. The parties include the employee who is aggrieved, the senior member of staff to whom the grievance is expressed, and may include another person whose action or inaction gave rise to the initial expression of grievance. Each of the parties may be accompanied by a friend, colleague, or a representative of their union, who may also make submissions on behalf of the party they represent. 17.15 The meeting for this purpose shall take place within ten school working days of the receipt of the written notice by the clerk. The parties shall be given not less than five school working days notice of the time and place of the meeting. At the same time, they shall be provided with copies of all documents to be placed before the committee. 17.16 The employee has the right of appeal to the Appeals Committee. The employee s intention to appeal shall be notified within ten school working days. 17.17 In the case of an appeal, except by agreement between the parties in exceptional circumstances, all relevant documents including any new evidence should be submitted to the clerk to the governing body within five working days. The committee shall meet within ten working days of the notice of appeal, or as soon as practicable thereafter. Documents relevant to the appeal shall be distributed to the parties five working days before the meeting. 17.18 At the meeting of the appeals committee the parties concerned shall be allowed, if they so wish, to make oral submissions. Each of the parties may be accompanied by a friend, colleague, or representative of their union, who may also make submissions on behalf of the party they represent. 17.19 If no appeal is lodged, the full governing body shall receive notice of the findings of the appropriate committee at its first meeting following the expiry of the date at which an appeal may be notified. If an appeal is notified, the governing body shall receive notice of the findings of the appeals committee at its first meeting following the conclusion of the appeals hearing, provided always that the parties involved in the grievance procedure have by then received notification of the decision. 17.20 The decision of the governing body made through the appropriate committee or where 11

there is an appeal the appeals committee shall be final in relation to any matter under the control of the governing body. Application of the Grievance Procedure for Headteachers 17.21 Where a head teacher has a grievance, he/she should first of all endeavour to resolve the matter by direct approach to the person(s) concerned. 17.22 Where the matter remains unresolved, the head teacher should, where appropriate, discuss it with the chairman of the governing body who may, with the consent of the head teacher, seek consultation with the local authorities advisory services, and with any other appropriate person(s), including the appropriate professional association(s). 17.23 Where the matter is not resolved under 17.21 and 17.22 above, the head teacher should submit a formal written notice of the grievance to the clerk to the governing body. 17.24 Where a formal written notice of the grievance is submitted by the head teacher, the procedure under the above paragraphs 17.13 to 17.19, inclusive, shall apply. Collective Grievances 17.25 A collective grievance is a grievance or grievances submitted by a team or group of employees where a common complaint or theme can be identified and dealing with these collectively will enable a more appropriate and effective resolution. Informal Stage 17.26 Where a group of staff has a grievance, they may wish to involve their union representative, or to nominate one person to raise the matter on their behalf with the person(s) involved. The process will be the same as that for an individual grievance, with the union or nominated representative acting on behalf of the group. Formal Stage 17.27 Where a group of employees has a grievance which cannot be resolved at the informal stage of the Procedure, the grievance will be addressed through the formal procedure set out below. All the parties to the grievance must sign the written submission, however in the interests of all parties to facilitate the procedure for the hearing, the group shall choose a spokesperson, who may be a representative of their union, to present the grievance with the assistance of a representative. 18. DISCIPLINARY PROCEDURE 18.1 The aim of this procedure is to describe the process by which matters of misconduct are managed. It is intended to ensure that disciplinary matters are managed in a reasonable, fair and consistent manner. All employees are expected to maintain the highest standards of behaviour and performance. 18.2 This procedure sets out the steps to be taken where it is deemed necessary to instigate formal disciplinary proceedings. This does not prevent managers from taking appropriate measures to deal with very minor breaches of discipline that are not considered to merit progression to the formal stages. This might include dealing with the matter in supervision, or through appropriate written direction or guidance which would include the setting of future employee standards. 12

Scope 18.3 This procedure applies to all employees with the exception of probationers, for whom disciplinary matters will be managed under the probationary procedure. Disciplinary Offences 18.4 A list of examples of disciplinary offences, which may be regarded to be misconduct or gross misconduct, is attached to this document as Appendix 3. These are examples only and not an exhaustive list. The list of examples may be reviewed and amended, as necessary, by the Head Teacher or Governing Body. Authority to take Action 18.5 The person with the authority to take disciplinary action, at each stage of the procedure, is shown at Appendix 2. Where the designated manager is unavailable a manager of a higher level will decide whether action is appropriate. 18.6 It is the responsibility of The Governing Body to establish: a) A committee of at least three governors to hear disciplinary cases referred to it for consideration, and appeals against disciplinary decisions taken by the Head Teacher. b) An appeals committee of at least three governors, containing none of the members of the committee in (a) above, to hear appeals against any decision of that committee. 18.7 In disciplinary cases involving Head Teachers, the Head Teacher s role will be taken by a person appointed by the Governing Body. 18.8 No action should be taken against a union representative until the circumstances of the case have first been discussed with a HR Adviser. The matter should also be discussed at an early stage with the appropriate full-time trade union officer, after obtaining the employee s agreement. If the employee does not consent to such a discussion, action under this procedure may proceed. 18.9 If the conduct in any way relates to safeguarding of children, the matter must immediately be referred to the Local Authority Designated Officer. No disciplinary or other procedures must be proposed until the Local Authority Designated Officer has confirmed it is appropriate to do so. The Disciplinary Procedure - Referral to Outside Bodies 18.10 It may be necessary to report concerns about an employee s conduct to the appropriate regulatory body, including the Local Authority Designated Officer (LADO), in accordance with statutory or regulatory requirements. The Head Teacher must decide if and when this is necessary in consultation with the relevant HR Adviser. 13

The Disciplinary Procedure - Investigation 18.11 An investigation should be undertaken without unreasonable delay. Unless there are exceptional circumstances, different people should carry out the investigation and the disciplinary hearing. 18.12 Investigations will be reasonable within the circumstances. Where a more detailed investigation is required this will be carried out, either with the employee where necessary - or without the employee, as appropriate. 18.13 Where an investigation identifies sufficient grounds for disciplinary action, the case will proceed in accordance with this procedure. The Disciplinary Procedure - Suspension 18.14 The Head Teacher, in consultation with the HR Adviser will decide if it is necessary to suspend an employee, on full pay, whilst investigating the alleged misconduct. 18.15 The Head Teacher should inform the individual of their suspension in person, where reasonably practical, and follow this up promptly in writing. The Head Teacher shall: Make it clear to the employee that suspension is not considered to be a disciplinary action and is a neutral act; Provide the reasons for, and the terms of, the suspension; Explain that the individual s School IT account will be suspended; Confirm who the employee s school contact will be during the period of suspension; Ask for the individuals access card or keys (or inform them that the card has been disabled for all buildings);instruct the individual not to come in to work or to contact colleagues, parents or students without prior permission; and Detail any other necessary requirements. The Head Teacher will review the suspension regularly and make all reasonable efforts to investigate and conclude the matter within a reasonable time. Disciplinary Hearing 18.16 If, following an investigation, the Head Teacher decides that there is a disciplinary case to answer, the employee will be invited to a disciplinary hearing. A minimum of 7 calendar days notice of the meeting should be given in order that the employee has a reasonable opportunity to prepare their case. The notification will include the following: The date, time and venue for the hearing; The nature of the allegations which give rise to the hearing; The possible consequences of the alleged misconduct (i.e. that disciplinary action may result); Any written evidence, including witness statements, if applicable; The right to be accompanied at the hearing (see 18.17 & 18.18 below); and The opportunity to call witnesses, provide any documents, written statements or submissions before the meeting. The timescales can be varied if both parties agree. 14

Disciplinary Hearing Right to be accompanied 18.17 Employees have a statutory right to be accompanied at disciplinary hearings by a work colleague or trade union representative. If the employee s workplace colleague or union representative is unable to attend the scheduled meeting, the employee may propose an alternative date provided it is reasonable and no more than 7 calendar days after the original date and another meeting will be arranged. If the employee fails to attend the re-arranged meeting, a decision may be taken in their absence. 18.18 Legal representation will not normally be permitted. Such representation will only be permitted in exceptional circumstances at the discretion of the Head Teacher in consultation with the HR Advisor. Disciplinary Hearing If the Employee fails to attend a Hearing 18.19 Employees are required to attend the planned hearing. This includes circumstances where the employee is off sick unless they are in hospital or have been assessed by the Occupational Health Service, or a qualified medical expert/practitioner as being unfit to attend. 18.20 If the employee does not attend, the Head Teacher/Governing Body Committee may, taking into account all of the circumstances, either defer the meeting or proceed in the employee s absence. The employee should be informed in writing that this may be the case and be advised that any written representations made on their behalf, or those of a representative attending on their behalf, will be considered. 18.21 If the hearing takes place in the absence of the employee, a decision will be made on the evidence available. 18.22 Head Teachers/Governing Body Committee will consult with their HR Adviser before making a decision to proceed in the employee s absence. Disciplinary Hearing If a Grievance is Raised 18.23 Grievances or Fair Treatment at Work complaints will usually be considered as part of the disciplinary proceedings. The Head Teacher or Chair will decide if the disciplinary procedure should be temporarily suspended in order to deal with the grievance or Fair Treatment at Work complaint. Disciplinary Hearing How the Hearing should be conducted 18.24 The hearing will be chaired by the Head Teacher or Chair of the appropriate Governing Body Committee. 18.25 The Head Teacher/Chair will make arrangements for notes to be taken throughout the hearing of the evidence presented. These need not be verbatim notes or formal minutes, nor will they require the agreement of all parties present. A copy of these notes will be made available to the employee as soon as reasonably practicable following the hearing. 18.26 Should the employee disagree with the notes taken, a record to this effect will be retained with the formal notes. 15

18.27 Recording of the hearing will not be permitted except in exceptional circumstances (for example as a reasonable adjustment for a disabled employee) and at the discretion of the Head Teacher/Chair. Disciplinary Hearing Introductions 18.28 The Head Teacher/Chair will explain that the purpose of the hearing is to: establish the facts; and to consider whether or not disciplinary, or any other action, is justified; and if so determine the level of sanction, if any, that should be imposed in accordance with this procedure. They will also: introduce all the parties and explain their roles; and explain how the hearing will be conducted (see below). Disciplinary Hearing Presentation of the Case 18.29 The Investigating Officer/Head Teacher will state the nature of the allegations, present the evidence that has been gathered and call any witnesses. If the Investigating Officer is not presenting the case, they will normally be present at the hearing in order to answer any questions. The employee (or their workplace colleague or union representative) may question management witnesses after they have given their evidence. 18.30 The employee may then respond to the allegations, refer to any appropriate evidence and call any witnesses. The employee should be given an opportunity to provide any explanation for the alleged misconduct and state if there are any special circumstances to be taken into account. 18.31 Management may question the employee and their witnesses. The Head Teacher/Governing Body Committee may put questions at any time. 18.32 The employee s workplace colleague or union representative may address the hearing to put, and sum up, the employee s case; to respond on behalf of the employee to any views expressed; and to confer with the employee during the hearing. The workplace colleague or union representative may not answer questions on the employee s behalf; address the hearing if the employee does not wish; or prevent the employer from explaining their case. 18.33 If new facts emerge it may be necessary to adjourn the meeting to investigate them and reconvene the meeting when this has been done. Disciplinary Hearing Summing Up 18.34 The Head Teacher/Chair will ask first the Investigating Officer and then the employee to summarise their case and then ask if the employee has anything further they wish to add, including giving the employee the opportunity to summarise any special circumstances that may be relevant. 18.35 The Head Teacher/Chair will decide to adjourn while a decision is taken. 16

Disciplinary Hearing The Decision 18.36 The Head Teacher/Chair will consider the evidence presented and decide whether or not disciplinary or any other action is justified and if so the level of sanction (see Section 18.38 below). 18.37 The Head Teacher/Chair will inform the employee of the decision, where possible in person, and this will then be confirmed in writing. Disciplinary Hearing Determine Level of Sanction if any 18.38 There are three possible sanctions as follows: Level of Sanction 1. First Written Warning 2. Final Written Warning 3. Dismissal Time limits Misconduct that may attract this level of sanction 12 months Minor cases of misconduct or lack of improvement. 18 months A more serious offence or repetition of minor offences or continued lack of improvement. An act of gross misconduct or continued repetition of minor offences or continued lack of improvement. 18.39 Any level of sanction may be applied if Head Teacher/Chair considers the allegations sufficiently serious it is not necessary to progress through each level. No sanction will be imposed without first holding a disciplinary hearing. 18.40 The Head Teacher/Chair will take into account the following points before deciding which sanction, if any, is appropriate: The nature and seriousness of the misconduct; The employee s disciplinary record (including any current warnings), general work record, work experience, position within the organisation and length of service; Any special circumstances or mitigating circumstances that may make it appropriate to adjust the severity of the sanction (either up or down); Whether the sanction is reasonable in light of all of the circumstances; Consistency with the School s application of the Disciplinary Procedure and rules. Whether any training, additional support or adjustments to the work are necessary or appropriate. Whether there is an appropriate alternative to dismissal. 18.41 A record of disciplinary action will be retained on the employee s personal file. Any expired warnings will not usually be used to increase any future sanction under the procedure but may be taken into account by the Head Teacher/Chair where relevant and appropriate to do so. Disciplinary Hearing Confirmation of the Decision in Writing 18.42 The outcome of the disciplinary hearing, and any sanction imposed, will be confirmed in writing as soon as is reasonably practicable. 18.43 Where the allegations are not proven, the outcome notification will state this giving the reasons. 17

18.44 Where the allegations are proven, the outcome notification will include all of the following: The nature of the misconduct, if any; The disciplinary sanction and, where appropriate how long it will last (see Section 18.38 above); Any period of time given for improvement and the improvement expected; The Likely consequences of further misconduct (i.e. a further disciplinary sanction or possible dismissal); the right to appeal including: o to whom the appeal should be made* o the timescale of 14 calendar days for lodging the appeal; and o the requirement to set out clearly the grounds of the appeal. 18.45 Where appropriate the outcome must be notified to the relevant professional or safeguarding body (as described in 18.10 above). Disciplinary Hearing Right to Appeal 18.46 The employee has the right to appeal against any formal disciplinary warning imposed following a disciplinary hearing. An appeal may be raised on any number of grounds including: failure to follow procedure; or new evidence having come to light that was not available before the date of the disciplinary hearing; or the undue severity of the sanction; or the inconsistency of the sanction. 18.47 There will be no increase of sanction on appeal. The employee should state the grounds of their appeal in writing. Separate guidance is available for managing the appeals process. Dismissal and Summary Dismissal 18.48 Written confirmation of the dismissal will include: the relevant information from 18.42 18.45 above; confirmation of the last day of service; and arrangements for paying/reclaiming any outstanding allowances and annual leave and including reclaiming ICT equipment. Employees summarily dismissed for gross misconduct will not receive notice or pay in lieu of notice. 18.49 All keys, passes and School equipment will be recovered from the employee. Arrangements will be made to reclaim any equipment that cannot be collected immediately, such as lease cars, lap-tops, etc. The School reserves the right to take legal proceedings to secure the return of any equipment not returned. 18.50 Depending upon the nature of the offence the School may take action to recover or retain, in full or part, the employee s pension benefits in accordance with the prevailing pension regulations. 18.51 The employee (or their representative) must inform their Head Teacher immediately if they are charged with, or convicted of, any criminal offence, or if they accept a police caution. 18

18.52 An employee will not automatically be disciplined solely because they have been charged with, or convicted of, a criminal offence, or have accepted a police caution. Whether disciplinary action will be appropriate will depend on: what effect the charge, conviction or caution has on the employee s suitability to do the job and their relationship with the School, work colleagues and customers; consideration of whether the conduct is sufficiently serious to warrant commencing the disciplinary procedures. 18.53 It is not always necessary to wait for the outcome of criminal proceedings before taking disciplinary action. Advice should be sought from your HR Adviser who will consult the relevant agencies. If an employee refuses or is unable to co-operate with this procedure, e.g. they have been imprisoned, the employee will be advised in writing that a disciplinary decision will be taken on the basis of information available and may result in dismissal. Allegations of Fraud 18.54 Bexley Council participates in the National Fraud Initiative which is means of identifying potentially fraudulent claims for benefits, grants etc. across all local authorities. Where a case arises through this initiative, the relevant HR Adviser will be notified. The HR Adviser will then inform Beths Grammar School and: The Head of Internal Audit (for the purposes of cross matching with other investigations); The Director of Finance (in accordance with Financial Regulation 15); Bexley Council s Monitoring Officer (in accordance with the Council s Anti- Fraud and Corruption Strategy); and The appropriate Trade Union official if the fraud is in relation to benefit claims a nd the employee has been successfully prosecuted for fraud by this or another local authority. This is in accordance with the agreement made as part of the National Fraud Initiative. 18.55 Before considering disciplinary action, the HR Adviser will check with the agency raising the suspicion (e.g. Internal Audit, Capita, the Police) what level of knowledge the employee already has about the allegations in order to avoid jeopardising any current investigation into the allegations by other parties. Thereafter the normal disciplinary procedures will apply. 18.56 Where an allegation is from another Local Authority against a School e mployee, a full internal investigation should be undertaken regardless of the action taken by the other Local Authority. 19. PROCEDURE FOR DEALING WITH LACK OF CAPABILITY 19.1 This procedure applies only to teachers or Head Teachers about whose performance there are serious concerns that the appraisal process has been unable to address. 19.2 The Head Teacher will determine who will be responsible for conducting each stage of this procedure for each teacher and inform each teacher (see Appendix 1). Specimen 19

templates are attached to the end of this procedure but will need to be adapted to the schools circumstances. Introduction 19.3 The aim of the Capability Procedure is to support teachers to perform their duties in a way that fully satisfies the national standards, objectives and career stage expectations defined by the school and to address any weakness in performance through a formal procedure. It is designed to deal with those cases where, despite the application of the Appraisal procedure, the appraiser is not satisfied that the teacher has made, or is making sufficient improvement or the teacher remains lacking in some area of ability, skill, competence or knowledge and is consequently unable to carry out the required duties to an acceptable standard. 19.4 In considering matters under this procedure, the paramount consideration will be the effect of any poor performance or capability on the learning and attainment of students. Application and Scope 19.5 This procedure outlines the process for managers to follow when addressing issues of performance, which it has not been possible to resolve through normal management support and appraisal. 19.6 It applies to all teachers (including Head Teachers) in schools or employed by the local authority with the exception of newly qualified teachers (NQTs) in their induction year. The Head Teacher will determine who will chair each stage of the capability procedure and the manager who will be responsible for presenting the management case at each stage. Relationship with Appraisal of Performance 19.7 Where the teacher becomes subject to the capability procedure, the appraisal process will be suspended until satisfactory improvement is achieved. Relationship with Disciplinary Procedure 19.8 If at any stage a manager has reason to believe that any aspect of the poor performance amounts to misconduct, the manager shall invoke the Disciplinary Procedure. Part 2 of the Teachers Standards may be relevant to this consideration. Relationship with Sickness Absence Management Procedure 19.9 The Schools Sickness Absence Management Procedure deals with absence from the workplace due to ill health. It may be necessary to consider issues under the Sickness Absence Management Procedure (or other procedures) alongside and at the same time as the Capability Procedure. 19.10 In the event of absence occurring once the Capability Procedure has commenced, a referral to the Occupational Health Service will be made immediately and advice sought to confirm the fitness of the teacher to participate in the Capability Procedure. Absence will not automatically result in the suspension of this procedure. 19.11 Where following written notification to the employee of a capability meeting, the employee is absent from work, the Chair of the capability meeting shall consider whether it is reasonable in all the circumstances to proceed with the capability meeting in the teacher s absence or to adjourn the meeting. In the event that the meeting proceeds the teacher 20