Before considering possible disciplinary action you should seek advice and guidance from the HR & OD Directorate. The Management of Employee Conduct Policy: Disciplinary Policy and Procedures is designed to provide guidance to Trainees and Practice Managers/Educational Supervisors to ensure that acceptable standards of conduct are maintained.
As part of this process it is imperative to ensure that Practices and Educational Supervisors contact the relevant TPD or Deanery team in the first instance to discuss.
- After discussion and if needed an investigation will be carried out, the purpose of the investigation is to gather promptly all the relevant facts relating to the allegations. An independent Manager should be identified to be responsible for carrying out a thorough investigation into any allegation of misconduct. A Member of the HR & OD Directorate will be asked to support any investigation.
- Both the investigating Manager and HR Representative would interview those individuals who may be able to provide information; full guidance on carrying out an investigation can be found on Appendix A of the Disciplinary Policy and Procedures.
- As part of the investigation the Employee against whom the allegations have been made should be interviewed to ensure that they are clear about the allegations/complaints that have been made against them.
- Once all the information has been gathered the investigating Manager should decide if there is any substance to the allegation/complaint and put forward their recommendations to the Director of HR & OD. If there appears to be a case then the Trainee should be advised that the matter would be considered at a disciplinary hearing. If their appears to be no case then the Trainee should be advised of this in writing with reasons for the decision.
If the HR & OD Director agrees that there is a case for considering disciplinary action, the Trainee will be required to attend a disciplinary hearing. As all with all Employees, Trainees have a statutory right to bring representation to the formal disciplinary hearing; the Representative must be made aware that it is a hearing that may result in action being taken or confirmed against the Trainee. A Manager that has had no previous involvement in the case will be accompanied by a Representative from the HR & OD Directorate. The HR Representative will also have had no prior involvement in the case.
Further guidance on conducting a Formal Disciplinary hearing can be found within Appendix B of the Disciplinary Policy..
Trainees who are aggrieved at receiving a warning or being dismissed have the right to appeal. Any appeal should be made in writing, stating reasons, and should be received within 10 working days of receipt of the letter confirming Disciplinary action. The appeal hearing will be held within one month of receipt of the appeal.
NES will convene a Panel as outlined in Appendix C of the Disciplinary Policy. No member of the Panel will have had any previous involvement in the case.