Disciplinary actions
Where the allegation is substantiated, the manager (Panel) can take appropriate disciplinary action as indicated in the table below. Before deciding what level of disciplinary action should be taken, the panel should consider the employee’s disciplinary record (not including expired warnings), position, and explanations given by the employee, mitigating circumstances, theseriousness and nature of the offence, actions taken in any previous similar case and whether the intended disciplinary action is reasonable under the circumstances.
Action Authorised Officer Duration Appeal to
First written warning
Misconduct - employee does not meet acceptable standards of conduct MG1 or above 6 months MG2 or above
Final written warning
Gross misconduct or failure to improve following a First Warning MG1 or above 12 months MG2 or above
Dismissal or other penalty
Gross misconduct or failure to improve following a Final Warning
OR
Re-engagement to an alternative post, demotion, loss of seniority/pay MG3 or above D1 or Members
In specific areas across the Council, other managers will be given delegated authority to consider cases of potential misconduct, gross misconduct.
11.1. A first written warning should set out the nature of the misconduct and the improvement in
the conduct/behaviour required by the employee.
It should also state the consequences to the employee of a failure to improve behaviour/conduct could result in a final written warning and ultimately dismissal.
The first written warning will be placed on the employee’s personal file and will be valid for 6
months. The employee will have the right to appeal.
a. A final written warning is issued where the employee behaviour/conduct fails to
improve in the 6 month timescale set under the first written warning, or where the misconduct is sufficiently serious to warrant a final written warning. It should set out the nature of the
misconduct and the improvement in the conduct/behaviour required by the employee within a
12 month period.
It should also warn the employee that failure to improve or modify behaviour/conduct or its continuance/repetition may lead to dismissal or to some other penalty.
The final written warning will be placed on the employee’s personal file and will be valid for 12 months. The employee will have the right to appeal.
Employees who receive a written warning will not receive their next incremental salary
progression. In subsequent years, subject to satisfactory performance increments will be paid.
Managers must ensure that HR are notified when a warning is issued to an employee in order
to stop the payment of the next increment.
11.3. A dismissal is actioned where the employee’s behaviour/conduct fails to improve in the 12 month timescale set under the final written warning, or where an issue of gross misconduct is found which warrants dismissal. Employees will be given written reasons for their dismissal
and will have the right to appeal against the decision to managers graded D1 or above or
Members.
For dismissals arising from cumulative warnings, employees should receive the appropriate
period of contractual notice (which they may not be required to work) or payment in lieu of
notice.
Dismissals for gross misconduct will result in summary dismissal, i.e. dismissal without notice.
When an employee is dismissed for gross misconduct (or the decision has been taken that they are not required to work during their notice period), they should be escorted to collect their personal belongings and leave the building, but should not be allowed to access their computer.
11.4. Alternative options to dismissal
• In exceptional circumstances, where a panel determines it appropriate and there is an alternative to dismissal available, such as demotion, disciplinary transfer or loss seniority/pay, the Panel may offer the employee the option of re-engagement to an alternative post. The terms and conditions of employment will be consistent with the grade of post offered.
- If the employee accepts re-engagement, they will also be issued with a final written warning.
- The employee’s right of appeal will not be affected by their acceptance of re-engagement.
- However, if the employee refuses the alternative post, then the panel will have no alternative but to continue with the dismissal of the employee.