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Disciplinary proceedings are the last thing any School leader wants to deal with. However, if they are carried out incorrectly, they can waste time and money and damage morale.
Therefore, it is important to avoid these common disciplinary mistakes in your School:
Mistake 1: Not following the correct procedure
You should follow both your own procedure and the ACAS Code of Practice on Disciplinary and Grievance Procedures at all times. It is essential that this is rolled out and practised consistently.
Failure to follow a fair and lawful procedure could result in the disciplinary action being deemed unfair, regardless of whether the sanction issued is reasonable in the circumstances. This could even lead to discrimination allegations. For instance, if a male employee is treated less favourably than a female employee during their disciplinary action.
Mistake 2: Improper investigation
You must conduct a reasonable and comprehensive investigation to gather relevant evidence before you decide whether to hold a formal hearing. It is a good idea to hold an investigation meeting before the disciplinary hearing so that both parties can establish the facts of the case before the disciplinary process advances any further.
The employee under the spotlight and any employees involved in the investigation as witnesses should be asked not to discuss the allegations with anyone else.
Mistake 3: Providing insufficient evidence
You must provide the employee with all relevant evidence held against them in advance of their disciplinary hearing. This enables them to have plenty of time to consider the case against them and build their defence.
It is also important to give the employee in question adequate notice to prepare. Your policy will specify the notice that you are required to give. However, this is usually either five or ten working days.
Mistake 4: Failure to allow representation
Employees are legally entitled to be accompanied by either a work colleague, trade union representative or accredited trade union official at their disciplinary hearing. This right should be relayed to them in their letter of invitation.
If the employee’s representative is unable to make the hearing date you originally proposed, the employee can request an alternative, suitable time within five days of the date the school initially proposed. If this cannot be accommodated, or if the date is more than five days later, the school should be reasonable in considering an alternative. An unreasonable refusal to agree to a later date may undermine the fairness of any subsequent dismissal. Care should be taken to ensure that the date finally agreed does not cause any deadlines for notice to be missed, which could result in a significant cost.
Mistake 5: Using the same person at each stage
Refrain from using the same person to conduct the investigation process, disciplinary hearing and appeal hearing. If you do, there is a chance any dismissal could be considered unfair. In an ideal world, a different person would carry out each stage.
Mistake 6: Incomplete and inaccurate records
It is important to record and keep legible, complete and accurate notes throughout the entire disciplinary process. If you do not have written evidence to take away from any meetings, it could render their contents ambiguous and open them up to challenge.
Records should be held in accordance with your data protection and retention policy.
If you’re looking for advice about dealing with discipline, dismissal and grievance, or would like to learn more about our policies, letters and training, please talk to us.
