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

8. GENERAL PRINCIPLES
This policy and procedure is designed to help and encourage all employees to achieve and
maintain standards of conduct within the context of the following general principles:
• To help and encourage employees to improve behaviour rather than just as a way of
imposing a punishment
• To encourage employees to report clinical incidents and near misses that concern patient
safety without fear of disciplinary action
• To inform the employee of the allegation against them and to provide the opportunity to
state their case before any decision is made
• No disciplinary action will be taken against any employee until the case has been fully
investigated unless the offence is sufficiently serious to warrant immediate suspension,
which will be non-prejudicial
• An employee will not be dismissed for a first disciplinary offence, unless it is an act of
gross misconduct
• Employees will have the right to be accompanied by a trade union representative or work
colleague during a disciplinary investigation meeting, hearing or appeal
• Employees will have the right to appeal against any formal disciplinary action taken
including dismissal
• The procedure may be implemented at any stage if the employee’s alleged misconduct
warrants such action
NB: Issues relating to sickness absence will be managed in line with the Managing Sickness
Absence Policy. Concerns relating to employee job performance will be managed in line with the
Performance Management Policy
9. MANAGING EMPLOYEE CONDUCT DAY-TO-DAY
It is the responsibility of managers to set clear standards of expected behaviour and conduct and
to undertake a regular reviews with staff. This forms part of the normal management process and
does not form part of the disciplinary procedure. This is likely to mean less recourse to the formal
procedure if deficiencies in an employee’s conduct are brought to his/her attention at the earliest
possible stage by the line manager in the course of the employee’s normal duties.
Where a manager considers that action should be taken to encourage an employee to improve
their conduct, he or she should meet with the employee, although this may not be necessary for
every offence. This meeting will be used to bring to the employee’s attention the aspects of
conduct that are unsatisfactory, and to ascertain whether the employee recognises there is a
problem.
The manager and employee should agree acceptable standards of behaviour and a plan of action
that must be confirmed in writing. The manager should provide training (if necessary) and close
supervision, set targets and monitor the outcomes. The employee should commit him/herself to
achieving the necessary improvements in their conduct.
Page 5 of 30