Disciplinary Policy

1. Overview

Tigh a'Chomainn Camphill aims to ensure that co-workers have good standards of performance and behaviour in the workplace. They should be fully aware of the standards of performance, action and behaviour expected to carry out their jobs as stated in Tigh a'Chomainn Camphill contracts, Tigh a'Chomainn Camphill job descriptions and the codes of practice relevant to the co-worker’s job. Tigh a'Chomainn Camphill aims to treat all co-workers as fairly as possible. Disciplinary actions will be taken following an investigation by senior managers, which will involve any relevant parties. Any co-worker who is dissatisfied with disciplinary action taken by Tigh a'Chomainn Camphill’s management will be given an opportunity to appeal against this.

Providing a safe living and working environment is everybody’s responsibility at Tigh a'Chomainn Camphill. Furthermore, Tigh a'Chomainn Camphill does not tolerate unfair treatment of either residents or staff and Tigh a'Chomainn Camphill is responsible to maintain the standards set out in our internal policies as well as other relevant legal or regulatory guidelines. Failure to adhere to any of the above can result in disciplinary action against a co-worker.

This can include a suspension of the co-worker(s) during the course of any investigation into the co-worker’s conduct. Any suspension effected during the investigation stage will not amount to disciplinary action. Any co-worker suspended during the investigation stage will be entitled to full remuneration pending any disciplinary action which is subsequently taken.

If, following the investigation by Tigh a'Chomainn Camphill’s management, Tigh a'Chomainn Camphill feels that a co-worker may have acted in such a way as would merit disciplinary action, Tigh a'Chomainn Camphill’s management will invite the co-worker to a disciplinary meeting.

Disciplinary action will also be taken in case of the co-worker’s action falling under misconduct (see References below for details on this). Tigh a'Chomainn Camphill reserves the right to deal with instances of misconduct on a case by case basis. Tigh a'Chomainn Camphill will only dismiss a co-worker for misconduct in the event that the co-worker has committed an act or actions which amount to gross misconduct. In such a case, Tigh a'Chomainn Camphill wholly reserves the right to dismiss summarily and without notice.

2. Procedure

Disciplinary and Misconduct action can be taken against a co-worker by senior managers, which will be communicated with the other members of the management team. These actions include:

• Issue of an Improvement Note

• Issue of a Written Warning

• Issue of a Final Written Warning

• Dismissal

Tigh a'Chomainn Camphill’s decision as to whether to issue an Improvement Note, a Written Warning or a Final Written Warning to a co-worker will depend upon the seriousness required by the disciplinary action or of the act of misconduct committed by the co-worker. Also, any active disciplinary record and the co-worker’s general performance will form part of that assessment procedure by managers. The written statements will outline what the co-worker has done wrong, any steps which Tigh a'Chomainn Camphill and the co-worker are to take with a view to addressing the issue, and the potential consequences of any repeated acts meriting disciplinary action or misconduct by the co-worker.

In case of a disciplinary meeting being called in advance, for example following an investigation by management, the co-worker will be informed in writing of the following:

• the circumstances which are to be discussed at the disciplinary meeting;

• the date and time of the disciplinary meeting;

• the co-worker’s entitlement to be accompanied by a colleague or appropriate trade union representative at the disciplinary meeting; and

• the fact that disciplinary action may be taken against the co-worker following the disciplinary meeting if we believe that this is justified.

Where the co-worker wishes to be accompanied at the disciplinary meeting, the co-worker will be asked to confirm the identity of the companion no less than 24 hours in advance of the disciplinary meeting.

At any disciplinary meeting Tigh a'Chomainn Camphill will explain the circumstances giving rise to the disciplinary meeting to the co-worker in full. The co-worker will be given the opportunity to explain his or her position fully. The co-worker will be asked by Tigh a'Chomainn Camphill’s management if there is any evidence which the co-worker believes Tigh a'Chomainn Camphill should consider in coming to a decision, including witness and documentary evidence. Tigh a'Chomainn Camphill will ensure that any such evidence is given proper consideration before reaching any decision.

In the event that Tigh a'Chomainn Camphill’s management believes that further investigation is required following the disciplinary meeting, Tigh a'Chomainn Camphill will advise the co-worker of this in writing within a reasonable timescale. The co-worker will again be entitled to full written details of any proposed continued disciplinary meeting which requires to be fixed. Any such continued disciplinary hearing may be fixed at the discretion of Tigh a'Chomainn Camphill’s management where it is felt that it is appropriate to allow the co-worker the opportunity to make further representations in relation to the matters under consideration. If disciplinary action is to be taken against the co-worker full written details of this will be given.

If the co-worker does wish to appeal against the disciplinary decision, the co-worker must submit a written statement to us giving full reasons as to why the co-worker feels the disciplinary decision should be overturned. This written statement should be submitted to Tigh a'Chomainn Camphill’s Management Group within 7 calendar days of the date of our letter to the co-worker confirming the disciplinary decision.

In the event that a co-worker appeals against Tigh a'Chomainn Camphill’s disciplinary decision in accordance with the foregoing paragraph, Tigh a'Chomainn Camphill’s management will fully consider the co-worker’s written statement. Tigh a'Chomainn Camphill’s management will arrange an appeal review meeting. Tigh a'Chomainn Camphill’s management (and trustees in the case of vocational co-workers) will investigate any new and relevant issues which arise from the co-worker’s written statement. Tigh a'Chomainn Camphill’s management will write to the co-worker confirming the date and time at which the co-worker’s appeal against the disciplinary decision will be heard, and confirming the co-worker’s entitlement to be accompanied at the appeal meeting by a colleague or appropriate trade union representative. Where the co-worker wishes to be accompanied at the appeal meeting, the co-worker will be asked to confirm the identity of the companion at least 24 hours in advance of the appeal meeting.

In so far as possible Tigh a'Chomainn Camphill’s management will arrange for any appeal against a disciplinary decision to be heard by representative(s) of the trustees who did not make the original disciplinary decision.

At the appeal meeting Tigh a'Chomainn Camphill will explain the disciplinary decision which has been made to the co-worker. The co-worker will then be given an opportunity to state in full the co-worker’s reasons for believing that the disciplinary decision should be overturned. Tigh a'Chomainn Camphill will consider the co-worker’s arguments fully before coming to any final decision. If the co-worker raises issues at the appeal meeting which require further investigation, Tigh a'Chomainn Camphill will carry out such further investigation as is required. If such further investigation is required, we will arrange for a continued appeal meeting to take place. The co-worker will be given full written details of the continued appeal meeting. At any continued appeal meeting Tigh a'Chomainn Camphill will advise the co-worker of any evidence which has arisen through further investigations made by Tigh a'Chomainn Camphill. Tigh a'Chomainn Camphill will allow the co-worker a reasonable opportunity to comment on such evidence.

Following proper consideration of the issues raised during the appeal process Tigh a'Chomainn Camphill will make a decision on the co-worker’s appeal and will issue this to the co-worker in writing.

This policy covers behaviours such as:

• Unacceptable behaviour towards colleagues, residents, service users or third parties

• Failure to abide by Tigh a'Chomainn Camphill’s policies

• Failure to abide by the Employee’s Written Statement of Terms and Conditions of Employment and Employment Contract

• Failure to cooperate with Tigh a'Chomainn Camphill in relation to provision of a medical report in connection with sickness absence

• Being under the influence of alcohol or drugs at work or smoking in the workplace

• Failure to maintain confidentiality in relation to either Tigh a'Chomainn Camphill or Tigh a'Chomainn Camphill’s service users

• Acts of gross carelessness, negligence or incompetence

• Persistent bad time keeping and/or absenteeism

• Failure to adhere to any Improvement Note, Written Warning or Final Written Warning previously issued by us

• Failure to maintain a relevant registration with the Scottish Social Services Council or to adhere to the SSSC’s Codes of Practice

• Failure to inform the relevant manager of any criminal or driving offences outstanding or occurring during your employment with Tigh a'Chomainn Camphill.

• Conviction of a criminal offence other than a minor road traffic offence.

• Failure to report any incidences of abuse or neglect by staff or others to the Day Services Manager

• Communicating with the media without explicit permission of the College

• Acts of dishonesty

• Acts which are contrary to our interests

• Repeated failure to carry out our reasonable instructions

• Use of foul or offensive language

• Breaches of the law of Scotland or the United Kingdom

• Behaving in a manner that gives rise to a substantiated complaint by a work colleague, member of a community or person outside of Tigh a'Chomainn Camphill

• Behaving in a manner that is potentially harmful to the reputation or dignity of Tigh a'Chomainn Camphill.

3. References

Codes of Practice: ACAS Codes of Practice for Disciplinary procedures 2009