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

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In normal circumstances an employee will only be suspended by a senior manager who has the authority to suspend although a decision to suspend an employee must be made in consultation with a senior member of the HR team. The suspension must be carried out in private with a witness present, stating the content of the allegation(s). The suspension will be confirmed in writing as soon as is reasonably practicable. The suspension will be regularly reviewed and every effort will be made to minimise the period of suspension. The employee should be allocated a designated person whom they can contact for advice and support for the duration of the suspension. During the suspension the employee should not undertake any paid work for the Trust or any other employer. They should not attempt to enter any Trust property or make contact with colleagues whilst suspended from work, unless for hospital treatment or to attend meetings associated with the investigation. If the employee or their representative wishes to contact colleagues to request their attendance at a hearing or to obtain information relevant to the case, prior consent should be sought from the Commissioning Manager or an HR Manager. The employee is required to make him / herself available for any meetings they are requested to attend as part of the investigation. 10.4 Removal of Access to Buildings or Trust Property There may be cases whereby in conjunction with an investigation it is necessary to remove an employee’s access to Trust IT accounts / computers / buildings / mobile phones / laptops etc. A decision about the necessity to undertake such action will be made by a Senior Manager in conjunction with a senior member of the HR team. If the action to be taken is in respect of the employee’s access to IT in some capacity, this will be made in conjunction with a senior member of the Clinical informatics department and the employee will be informed as appropriate. In the case of retaining 'personal items' a record should be made in case the Trust or the employee can subsequently claim rightful possession to the item. 10.5 Involvement of Police & Criminal Offences The Trust’s disciplinary procedure is separate from any police enquiries, legal proceedings or convictions regarding a criminal offence relating to employment. Where police have been called to make investigations and an employee’s action may be regarded as criminal, disciplinary action may proceed on evidence obtained prior to the judgement of the courts. This may not, however, always be appropriate and in some circumstances, suspension may be considered. Where alleged misconduct concerns a potential criminal offence, it may be necessary to inform the Police. In such cases, the line manager should contact the Police to inform them of the alleged misconduct and notify the employee that the Police have been contacted. The manager should also notify the appropriate HR Manager. In most cases an internal Trust disciplinary investigation should not be delayed or depend on the results of a police investigation. In exceptional circumstances it may be necessary to draw a temporary halt to an internal investigation to ensure that it does not impede the criminal investigation. The decision to temporarily halt an internal investigation should be made in consultation with the Police and HR. Criminal offences outside employment shall not be treated as automatic reasons for dismissal or action short of dismissal. The main consideration shall be whether the offence has any relevance to the individual’s duties as an employee is one which makes the individual unsuitable for their work. Consideration should also be given as to whether other appropriate jobs are available. Page 8 of 30
10.6 Investigations into Allegations of Fraud If an allegation is made that has an element of suspected fraud, this should be reported to the Director of Finance or the LCFS before any internal action is taken including suspension or commissioning of an investigation. In cases of fraud, there are a range of sanctions available including criminal, civil and disciplinary sanctions. See Appendix 7 for further details of the process to be followed. 10.7 Investigations into Bribery and Acts of Corruption The Bribery Act 2010, which repeals all existing corruption legislation, has introduced the offences of offering and or receiving a bribe. It also places specific responsibility on organisations to have in place sufficient and adequate procedures to prevent bribery and corruption taking place. Under the Act, Bribery is defined as “Inducement for an action which is illegal, unethical or a breach of trust. Inducements can take the form of gifts, loans, fees, rewards or other privileges". Corruption is broadly defined as the offering or the acceptance of inducements, gifts or favours, payments or benefit in kind which may influence the improper action of any person; corruption does not always result in a loss. The corrupt person may not benefit directly from their deeds; however, they may be unreasonably using their position to give an advantage to another. To demonstrate that the organisation has sufficient and adequate procedures in place and to demonstrate openness and transparency all staff are required to comply with the requirements of the this Policy. For a more detailed explanation, please see the Anti-Bribery Policy. Should members of staff wish to report any concerns or allegations they should contact their Local Counter Fraud Specialist. Acts of bribery and corruption are potentially criminal offences and may therefore be passed to the LCFS to investigate. 10.8 Staff Support External Counselling Services The Employee Assistance Helpline is a confidential support service, providing practical information, legal advice, telephone and face-to-face counselling that can help employees cope with a variety of personal, family or workplace issues. The service is free and available to all Trust employees by telephoning 0800 328 1437. Further information regarding the counselling services is available from Occupational Health or the Trust Intranet: http://wghintra01/human_resources/staffsupport/documents/eah_leaflet.pdf Trade Union Representatives If employees are members of a trade union or professional association they may wish to contact their representative for support. Support Manager In cases where an employee is suspended, they should be allocated a designated person whom they can contact for advice and support for the duration of the suspension. Ideally, this should be someone whom the employee being suspended feels comfortable with. 10.9 Right to be Accompanied All employees have the right to be accompanied during investigation meetings, disciplinary hearings and appeals by a trade union representative or work colleague. It is the responsibility of the employee to arrange representation and this request must be ‘reasonable’ in that the representative should not have a conflict of interest or be likely to disrupt the hearing. Any representative or companion is entitled to paid time off for the period required. Witnesses also have the right to be accompanied by a union representative or colleague during meetings and disciplinary hearings, but their representative should not be a colleague who also has direct involvement in the same investigation in the interest of avoiding bias. Page 9 of 30
Page 1 and 2: Disciplinary Policy / Version 4 Rat
Page 3 and 4: DISCIPLINARY POLICY & PROCEDURE 1.
Page 5 and 6: 8. GENERAL PRINCIPLES This policy a
Page 7: employee under investigation must n
Page 11 and 12: have a responsibility to ensure tha
Page 13 and 14: • Failure to comply with the Trus
Page 15 and 16: Representation Employees will have
Page 17 and 18: Appendix I INVESTIGATION OUTLINE -
Page 19 and 20: Section Headings: 1. Introduction E
Page 21 and 22: Appendix 4 Disciplinary Appeal Hear
Page 23 and 24: • Your statement should be writte
Page 25 and 26: Appendix 6 Disciplinary Process Flo
Page 27 and 28: 2.4 Inform the LCFS of any possible
Page 29 and 30: The LCFS will liaise with the Direc

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