Amber Hill Parish Council

Discipline and Grievance Policy

Adopted 21st November 2022

1.1          Informal Grievances-

If a member of staff feels that they have a grievance with the Parish Council, they should initially discuss the matter with the Clerk on an informal basis.

If the Employee feels that they have a grievance with the Clerk, they should approach the Chairman or the Deputy Chairman.

1.2          Informal Discipline - Employee Conduct / Performance-

Should the Council be unhappy with either conduct or performance of an Employee, they will initially discuss their concerns with the Employee on an informal basis.  

The purpose of this meeting will be to guide and support the Employee to help them address the problem and perform to a standard acceptable to the Council.  For this reason, notes will be taken during this meeting, the Clerk will decide what action should result from the meeting and ask the Employee to sign the notes.

Only a Panel of the Council and the Employee should attend this meeting.  There will be no entitlement to be accompanied.

1.3          Mediation-

If an Employee is unhappy with the outcome of the Informal Grievance Procedure, or either party do not feel that performance / conduct issues are being addressed effectively, either an Employee or the Council can request that the matter be subjected to mediation.

This will involve the use of a third-party Mediator. In its simplest form, Mediation will involve the Mediator talking to either party individually, to listen to their side of the issue.  If the Mediator feels that a resolution to the problem is possible, a meeting will be arranged between all parties at which the Mediator will set out their assessment of the issues and invite both parties to reach their own resolution.

The resultant action plan should have the agreement and support of both parties, be set out in writing, and be signed by all involved in the Mediation process.

1.4          Formal Grievances-

In the case of Grievances not being fully resolved at the initial informal stage, a formal written approach is required to the Parish Council.  As a consequence, a formal meeting will be held to address the matter, within seven days of receiving the Employee’s letter. 

At this meeting the Employee is entitled - and encouraged - to be accompanied by an individual of their choice or Trade Union Representative.  Employees will be informed in writing of the outcome of the meeting within seven days.

If the Employee making the grievance is unhappy with the response to the meeting, they can issue an appeal, in writing.  This Appeal must be submitted within seven days of receiving the response to the original grievance meeting

1.5          Formal Discipline (for Employees with two years or more continuous employment)-

If an issue regarding an employee’s conduct, behaviour or performance isn’t fully addressed by informal discussions, the Parish Council will pursue the matter through its formal Disciplinary Procedures. Typical examples of areas of concern may be poor performance, unacceptable and unexplained absenteeism, poor conduct and behaviour at work, or lack of capability by an Employee to carry out their job.

This is a four-step procedure, which increases in the severity of its outcome if the issue isn’t resolved at the previous step.  Each step involves a formal meeting between the affected Employee and the Council, at which the Employee will be given every opportunity to put their side of the issue.  Meetings will be conducted as soon as reasonably possible after the incident(s) which are being investigated to ensure that facts and witness statements are clear and up to date.  At this meeting, Employees are entitled - and encouraged - to be accompanied by a work colleague from the Council, or Trade Union Representative.

If the allegation of misconduct is proven, the meeting may result in the following action being taken by the Parish Council against the Employee:

Particularly severe acts of indiscipline may result in the Management bypassing Steps 1 and 2.

Employees will be informed by letter that they are required to attend a formal disciplinary meeting.  This letter will include details of the allegation they are to answer, the date, time and venue of the meeting, and inform them of their right to be accompanied by a work colleague from the Council.

1.6          Gross Misconduct-

Acts of Gross Misconduct, if proven after an appropriate investigation (including searches of bags, coats and other personal effects, as well as cars, vehicles and any appropriate Council property) and a Disciplinary Hearing, will result in Dismissal without notice. 

Employees accused of Gross Misconduct will be suspended on full pay and receive a written invitation to a Formal Disciplinary Hearing, giving them details of the allegation they are to answer, the date, time and venue of the meeting, and inform them of their right to be accompanied by a work colleague from the Council or trade union representative. The letter will provide a minimum of 2 working days prior-notice to the meeting.

The Management recognises the following as acts of Gross Misconduct: (This is not an exhaustive list).

1.            Theft.

2.            Falsifying time sheets.

3.            Falsifying claims for expenses.

4.            Abusive or threatening behaviour of any nature.

5.            Being under the influence of alcohol or drugs.

6.            Dishonesty in dealings with Clerk or Parish Council.

7.            Sexist, racist or any other behaviour against an individual, which could be classed as creating a hostile, intimidating or threatening environment.

8.            Breach of confidentiality.

9.            Failing to carry out reasonable instructions from the Clerk.

10.          Fighting and acts of aggression.

11.          Deliberately damaging Council property.

12.          Deliberate breaches of Council Health and Safety procedures.

13.          Unauthorised access to Council computer files, software or any other such breach of confidentiality.

Employees who have been dismissed for acts of Gross Misconduct do have a right to Appeal against their dismissal.

Appeals should be submitted within a reasonable timescale following the dismissal and addressed to the Chair of the Council. A reasonable timescale would normally be no longer than a week following the dismissal.

Employees submitting an Appeal must make it clear that they are appealing against the decision to dismiss them and set out the reasons for their Appeal.

Once the Management have received notice of the Employee’s decision to Appeal, they will follow the Appeal Procedure detailed below.

1.7          Appeal Procedure-

Employees have the right to appeal against a decision made at any formal disciplinary step.  Appeals should be made to the Chair of the Council in writing and submitted within seven working days of the disciplinary meeting having occurred. 

A Formal Appeal Hearing, involving the Employee and an Appeal Panel drawn from the council will be held within fourteen days of receipt of the appeal request.  At this meeting the Employee is entitled - and encouraged - to be accompanied by an individual of their choice or Trade Union Representative.  Employees will be informed in writing of the outcome of the meeting within seven days. The Employee making the appeal will be informed in writing of the outcome of the Appeal Hearing within seven days.