disciplinary policy & procedure - West Hertfordshire Hospitals NHS ...

have a responsibility to ensure that their personal details are up to date and to notify the workforce
team via a change of circumstances form in respect of any change of address.
If the employee fails to confirm their attendance and subsequently does not attend the hearing, a
decision can be taken to continue with the hearing in the employee’s absence and the full range of
sanctions can still be applied.
11.6 Conduct of a Disciplinary Hearing
The hearing will normally be conducted by a disciplinary panel chaired by an appropriate senior
manager accompanied by one or more members of management, one of whom will always be a
member of the Human Resources Directorate. For the disciplinary hearing schedule, see
Appendix 3. If appropriate, a professional lead should also sit on the panel. In cases of personal
conduct involving medical staff, the disciplinary panel must include two employees of the Trust
who are medically qualified (in the case of doctors) or dentally qualified (in the case of dentists).
In exceptional circumstances an independent expert may be present to provide technical
information and advice at the request of any party present. The chair of the panel will outline the
reasons for the disciplinary hearing and ascertain the employee understands the allegations.
Both the employee and the investigating officer will be available for cross-examination by the panel
members and the employee or his/her representative. If witnesses are called in support of the
employee and/or the management case, they will also be available for cross-examination.
The hearing may be adjourned if further investigations prove necessary.
11.7 Findings of the Hearing Panel
On completion of the proceedings, both parties should return to hear the outcome where the chair
of the panel will announce the decision of the panel and the disciplinary action to be taken (if any),
where possible. He or she will also give an explanation for that action and will explain the
employee’s rights of appeal under this procedure. This will be confirmed in writing within 7 working
days.
In exceptional circumstances, if it is not possible to adhere to this timescale, the chair of the panel
will advise the employee and their representative of the reason for the delay and the expected
timescale for the decision to be communicated.
12. REASONS FOR DISCIPLINARY ACTION
Misconduct
Examples of misconduct where a form of warning may be issued or where cumulative or repeated
acts could lead to dismissal are as follows:
• Attendance and Time-keeping
- Continuing failure to comply with attendance and time-keeping requirements e.g.
lateness, regular failure to follow absence reporting procedures as specified in the
Management of Sickness Absence Policy
- Continuing failure to follow procedures for booking and returning from leave
- Absenteeism and unauthorised absence from the workplace including taking unauthorised
or excessive breaks
• Behaviour
- Refusal or failure to follow a legitimate management instruction
- Inappropriate behaviour or abuse of authority towards a colleague or member of the
public or person in the care of the Trust
- Insubordination
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