Chief officers' disciplinary policy

The disciplinary sub-committee hearing

The monitoring officer will arrange for a written record of the hearing. This may be an audio recording and transcribed into a paper record.  

The procedure for the disciplinary sub-committee is: 

  1. the chair of the disciplinary sub-committee will explain the purpose of the hearing and procedure   
  2. the chief executive and investigator will present the report to the committee. It will include the proposal to dismiss the chief officer 
  3. the chief officer, the disciplinary sub-committee and independent adviser may ask questions of the chair of the chief executive and investigator  
  4. the chief officer has the opportunity to state their case  
  5. the disciplinary sub-committee and independent adviser may ask questions of the chief officer  
  6. both sides will sum-up their presentations. It will start with the chief executive 

When the disciplinary sub-committee has heard all of the evidence submitted, they will adjourn to consider what, if any, further action to take.  

The policy allows for the following hearing outcomes; 

No further action 

Where we consider there is no case to answer.  

First written warning 

This is where the chief officer's:  

  • conduct has fallen below acceptable standards  
  • offence is sufficiently serious to justify an immediate formal sanction  

The warning is live for disciplinary purposes for between six and 12 months, as determined at the disciplinary hearing. 

Final written warning 

This is where the chief officer's:   

  • conduct continues to be significantly below acceptable standards, and previous written warnings have not resulted in sufficient improvement   
  • offence is so severe that a final warning is appropriate as a first formal warning  
  • dismissal would typically be appropriate, but significant mitigation is accepted  

The warning is live for disciplinary purposes for between 12 and 24 months, as determined at the disciplinary hearing.  

All warnings are confirmed in writing and will include:  

  • a clear statement of the unsatisfactory conduct or behaviour  
  • the level of the warning  
  • the length of time it will remain live for disciplinary purposes  
  • the required level of improvement (in measurable terms)  
  • the consequences of no improvement in conduct or behaviour  
  • the right to appeal 

Dismissal 

Dismissal will occur where there has been:  

  • gross misconduct   
  • a final written warning issued and further misconduct or unsatisfactory conduct has taken place 

Dismissal with contractual notice  

Unless the chief officer is dismissed for gross misconduct, they will receive the appropriate period of notice.  

Summary dismissal 

Except in exceptional circumstances, actions of gross misconduct will justify dismissal without notice.  

All others present at the hearing will withdraw while the disciplinary sub-committee considers its decision. The independent adviser and monitoring officer will remain to advise.  

Where the disciplinary sub-committee proposes dismissal, it will inform the monitoring officer of this and that the executive objections procedure should commence.  

The monitoring officer will notify every member of the executive of:  

  • the fact that the disciplinary sub-committee is proposing to the executive that it dismisses the chief officer concerned
  • any other particulars relevant to the dismissal  
  • the period by which any objection to the dismissal proposal should be submitted (within five working days).  

At the end of this period, the monitoring officer will either:  

  • inform the disciplinary sub-committee that members of the executive have received no objections  
  • or, notify the disciplinary sub-committee that an objection has been received and provide details  

The disciplinary sub-committee will consider any objections and satisfy itself as to whether any of the objections are both material and well-grounded. If they are then the disciplinary sub-committee will act accordingly.  

If there are no reasonable objections to the proposal to dismiss, the disciplinary sub-committee will inform the chief officer.  

For any proposal to dismiss the executive director for public health, we must consult the Secretary of State for Health first. This is as per the Health and Social Care Act 2012. 

While the Secretary of State does not have the power of veto, we must consider any reasonable representations from them. 

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