My HR Knowledge Bank
Welcome to My HR Knowledge Bank. You will find frequently asked questions on all current HR Policies and procedures, links to all policies, useful forms, guidelines and toolkits.
DISCIPLINE |
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Is there a right of appeal if an employee thinks a disciplinary decision is unfair?
Under the Disciplinary Rules Policy and Disciplinary Procedure an employee will receive confirmation in writing of the outcome of a disciplinary hearing and the appeal process if they have received a disciplinary sanction.
An appeal must be made in writing to the Chief Executive, Group Director or Director of Human Resources within 5 days of written notification of the decision.
An appeal against dismissal must be made in writing to the Director of Human Resource within 5 working days of written notification of the decision.
In both instances the letter must outline the grounds for the appeal.
Both of the Council's Disciplinary Rules Policy and Disciplinary Procedures can be accessed here.
Should the allegations stated in the disciplinary letter fall into one of the categories stated in the Disciplinary Rules Policy?
The Disciplinary Rules Policy is unlikely to cover all circumstances and is not intended to provide a complete list.
The Council's Disciplinary Rules Policy can be accessed here.
What happens if an employee has been convicted of a criminal offence outside of work?
The employee has a responsibility to inform their manager as soon as the conviction has been made. Further action would be dependent on the nature of the conviction and the post the employee holds. The manager should seek advice from Human Resources.
What if an employee disagrees with the content of the statement following an investigatory meeting?
The notes of the meeting will not be a word for word account of everything said, however it will cover the important points discussed. If an employee does not feel it gives an accurate account of the meeting, they can submit an additional statement that will be taken into account; however the original notes will be used in the disciplinary papers.
What pay is received by an employee during a period of suspension?
Suspension is a neutral act whilst the investigation is undertaken. Normal pay will be received including any allowances, for the duration of the suspension.
When an employee is invited to a meeting with Human Resources to be informed that they are under investigation, why are they not given full details at that point?
It is understandable that employees are anxious about any investigation but it is important that when they attend their investigatory meeting that the information gathered is a true reaction to the situation and that recollection of the information is not corrupted in any way.
Employees will however, be informed by letter of the specific allegation made against them.
Who can accompany an employee to investigatory meetings or disciplinary hearings?
Under the Disciplinary Rules Policy and Disciplinary Procedure an employee can be represented or accompanied by a fellow worker, a Trade Union Officer from their workplace or a recognised Trade Union Official only.
Both of the Council's Disciplinary Rules Policy and Disciplinary Procedures can be accessed here.
Who makes the decision to suspend an employee from their duties?
The Head of Service or Service Director would need to consider the allegations and decide whether the individual should be suspended from duties.
Under the Disciplinary Rules Policy and Disciplinary Procedure the decision cannot be made by anyone other than a Chief Officer.
Depending on the nature of the allegations, they may in some cases allow the individual to continue working, or work at a different location, while the investigation is being carried out.
Both of the Council's Disciplinary Rules Policy and Disciplinary Procedures can be accessed here.
Why can it take a long time for an employee to be interviewed following the initial meeting with Human Resources informing them of the allegation?
Every attempt is made to progress and finalise each investigation as quickly as possible. Unfortunately in some cases there may be circumstances beyond the investigating officers control which delays the process e.g. obtaining further information, meeting with employees, annual leave, having to meet with more people than was anticipated.
Usually the investigating officer will need to meet with all other witnesses before meeting again with the employee. However, Human Resources will get in touch if the process is taking longer than initially anticipated.