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

DISCIPLINARY POLICY & PROCEDURE
1. CHANGE HISTORY
Version Date Author Reason Ratification Required
Version 3 March 2010 Caroline
Addition of
Yes
Lankshear & Laura
Bevan
information relating
to fraud
Version 2 June 2009 Caroline
Out of date policy Yes
Lankshear & Laura
Bevan
Version 3 March 2011 Laura Bevan New legislation Yes
2. INTRODUCTION
The Trust is dedicated to being a fair and reasonable employer and is, therefore, committed to
promoting good and open employee relations. The Trust is concerned that all its employees should
be aware of their obligations with regard to conduct, including acts of neglect or omission and of
the likely consequences of failure to meet these obligations. Where instances of unsatisfactory
conduct arise the Trust after investigation will adopt the formal disciplinary procedure through
which the issues can be identified without delay and appropriate action taken in a consistent
manner. Where an act of misconduct occurs, disciplinary action, which is recognised in law, will
be the Trust’s response.
3. SCOPE OF POLICY
This policy and procedure applies to all Trust employees.
For Medical and Dental staff, a separate policy and procedure applies -“Maintaining High
Professional Standards in the NHS”, which should be used for cases involving professional
conduct and/or professional capability. This can be found on the intranet via:
http://wghintra01/uploads/out/Medical_Dental_Disciplinary_Procedures_sep09.pdf
Where alleged personal conduct issues arise, the matter will be dealt with in accordance with
“Maintaining High Professional Standards in the NHS”, but where the matter proceeds to a
disciplinary hearing, this will managed in accordance with the Trusts Disciplinary Policy and
Procedure.
When dealing with a clinical incident or near miss where patient safety is at risk, staff must also
refer to the Trust’s Incident Reporting and Investigation Policy. This can be found on the intranet
via http://wghintra01/uploads/out/Incident_SUI_Policy_V8.5.pdf
4. EQUALITY & DIVERSITY STATEMENT
It is the policy of the West Hertfordshire Hospitals NHS Trust to provide a Disciplinary Policy and
Procedure that ensures appropriate responses to alleged employee misconduct in an efficient and
fair manner. This document takes into account current employment legislation and must be
implemented in conjunction with the Trust’s Equalities Framework, The Trust’s Equal
Opportunities Policy and Procedure and equality and diversity legislation:
• Sex Discrimination Act 1975 (as amended)
• Race Relations Act 1976 & Amendment 2000
• Disability Discrimination Act 1995
• Rehabilitation of Offenders Act 1974
• Employment Rights Act 1996
• Equal Pay Act 1970 (as amended)
• Human Rights Act 1998
• EU Directives and Legislation
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