Disciplinary Procedure
Last updated: July 30 2024
Last reviewed: July 30 2024
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​Purpose:
This procedure is designed to help and encourage all staff to achieve and maintain high standards of conduct, attendance, and job performance. It aims to ensure fair and consistent treatment for all employees at Milton Mount Playgroup.
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Scope:
This procedure applies to all employees of Milton Mount Playgroup, whether full-time, part-time, temporary, or sessional.
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Principles:
The procedure will be applied fairly, consistently, and in accordance with employment law and the Early Years Foundation Stage (EYFS) statutory requirements.
No disciplinary action will be taken until the matter has been fully investigated.
Employees will be informed of the allegations against them and given the opportunity to state their case.
At every stage, employees have the right to be accompanied by a colleague or trade union representative.
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Informal action:
In cases of minor misconduct or unsatisfactory performance, the Manager (or Deputy in the Manager's absence) will initially discuss the matter informally with the employee to resolve the issue without recourse to the formal disciplinary procedure.
If appropriate, verbal advice, guidance, and support will be offered, with any agreed outcomes noted on the employee's file for reference.
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Formal Disciplinary Procedure:
If informal action is not appropriate, or if the matter is more serious, the following stages will apply:
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1. Investigation
The manager (or appointed investigating officer) will carry out a fact-finding investigation.
This may involve taking statements, reviewing documents, and speaking with the employee concerned and any witnesses.
Suspension on full pay may be considered if it is necessary to protect the interests of children, staff, the Playgroup, or the employee during the investigation. This is a neutral act and not disciplinary penalty.
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2. Disciplinary Hearing
If the investigation finds there is a case to answer, a disciplinary hearing will be arranged.
The employee will be given at least 48 hours' written notice of the hearing, outlining
-the allegations being made
-the possible outcomes
-the date, time, and venue of the hearing
-the right to be accompanied
At the hearing, the Manager (or panel) will:
-Explain the allegations and evidence
-allow the employee to respond and present their case
-consider any mitigating circumstances
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3. Possible Outcomes
After the hearing, the following actions may be taken:
No action- if the allegation is unsubstantiated
verbal warning- for minor misconduct, valid for 6 months
Written warning- for more serious or repeated misconduct, valid for 12 months
Final written warning- for serious misconduct or failure to improve, valid for 12 months
Dismissal- for gross misconduct or repeated serious offences
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Gross Misconduct
Gross Misconduct is behaviour so serious that it may jusitfy dismissal without notice or pay in lieu. Examples includes (but are not limited to):
-Physical, emotional, or verbal abuse towards a child, colleague, parent, or visitor
-Breach of safeguarding procedures
-Serious breach of confidentiality
-Theft, fraud, or dishonesty
-Being under the influence of alcohol or illegal drugs at work
-Wilful damage to property
-Acts of violence or aggression
In cases of alleged gross misconduct, the employee may be suspended immediately while an investigation takes place.
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Appeals
An employee has the right to appeal against any formal disciplinary action
-appeals must be made in writing to the Chair of the Committee within 5 working days of receiving the outcome letter
-the appeal will be heard by an independent panel (where possible) not previously involved in the case
-the employee has the right to be accompanied at the appeal
-the outcome of the appeal will be confirmed in writing and will be final
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Record Keeping
A written record of all disciplinary matters, including informal discussions, investigations, hearing notes, decisions, and appeal outcomes, will be kept securely in the employee's confidential personnel file, in accordance with date protection laws.
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