We have taken the decision to make changes to the way we progress some of our employee relations processes until further notice. These processes include:
- supporting attendance
- performance management
- bullying and harassment
There are a number of factors that have necessitated this approach and these are explained in the Employee Relations Protocol. We would ask you to read it carefully so that you understand your responsibility as managers in dealing with all current and future issues that may arise over the coming weeks.
If you are a manager of employees actively involved in any of these management processes, or you have been appointed as an Investigating Officer, we would ask that you contact those individuals involved as soon as possible to advise of any changes and the time-frame involved (this is detailed in the protocol and will depend on the policy being followed and the stage it is currently at).
To clarify, all cases will remain active, but we have amended some of our processes in order to comply with government advice around social distancing and to ensure the safety of all our employees during this difficult time.
The law requires employers to act reasonably when dealing with disciplinary issues. What is regarded as reasonable behaviour will depend on the circumstances of each case, and is ultimately a matter for employment tribunals to decide in unfair dismissal claims. However, fully complying with the disciplinary procedure and referring to this guidance will help you deal with disciplinary issues in a fair and consistent manner.
Managing Discipline Pages
Employee Code of Conduct
Employees and Managers are expected to familiarise themselves with the below code of conduct. This should be made readily available to everybody and should be shown to all new employees of the Council.
Managing Discipline Overview
For an explanation and overview of the Managing Discipline process, please watch / listen to the video below.[wpvideo aaLIzyZY]
These pages will provide you with a general overview of the Managing Discipline Policy and Procedure. However, further guidance is attached should you need it.
If you are an employee and want more advice and guidance, you should contact your Trade Union. You may also want to make use of the Council’s Counselling Service.
The responsibility for a discipline case sits with the Service. Once a Manager determines that a case has been made to follow the Managing Discipline policy and procedure, they should advise their Service Manager / Chief Officer / Director. They will then appoint an investigating officer who will investigate the allegations made against the employee.
If a determination needs to be made about whether or not to suspend an employee or offer an alternative to suspension, this can be done by the Line Manager in the first instance. However, an investigating officer may wish to change any decision made once they have started their investigation.
While People and Organisation must be notified about any investigation and suspension / alternative to suspension, the Service is responsible for undertaking the entire investigation process through to the completion of the investigatory report. Copies of all letters and documents relating to the disciplinary process should be sent to People and Organisation for putting into an employee’s file.
The Service is also responsible for making any referrals to professional bodies, including Disclosure Scotland.
Policy and Guidance Documents
Click here to return to the main Employee Relations page
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