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:
- the chair of the disciplinary sub-committee will explain the purpose of the hearing and procedure
- the chair of the appointments committee or the investigator will present the report to the committee. It will include the recommendation of a sanction of dismissal
- the statutory officer, the appointments committee and independent adviser may ask questions of the chair of the appointments committee and investigator
- the statutory officer has the opportunity to state their case
- the disciplinary sub-committee may ask questions of the statutory officer
- both sides will sum-up their presentations. It will start with the chair of the appointments committee or the investigator
When the disciplinary sub-committee has heard all of the evidence submitted, they will adjourn to consider what, if any, further action to take. This will be as per the level of sanction recommended by the investigator.
All others present at the hearing will withdraw while the disciplinary sub-committee consider their decision. The independent adviser and monitoring officer will advise them.
A letter from the disciplinary sub-committee to the statutory officer will outline the decision and the action to take.
Outcomes
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 statutory 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 statutory 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 or
- 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 statutory 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.
The disciplinary sub-committee may refer the matter back to the relevant line manager for management action.
Where the disciplinary sub-committee proposes dismissal, it will inform the monitoring officer (or deputy monitoring officer as appropriate).
The monitoring officer (or deputy as appropriate) will notify every member of the executive of:
- the disciplinary sub-committee's proposal to the executive or to the council to dismiss the statutory officer
- 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 (or deputy as appropriate) 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 material or well-founded objections to the proposal to dismiss, the chair of the disciplinary sub-committee will inform the monitoring officer (or deputy as appropriate). The monitoring officer will then make arrangements for the case to be heard by the relevant independent panel. This is as per The Constitution.