Unit: 654 Manage disciplinary processes in health and social care or children and young people's settings.
1. Understand how to manage disciplinary processes in relation to health and social care or children and young people's settings
1.1 Explain how legislation, organisational policies and procedures relate to disciplinary processes.
Disciplinary rules and procedures provide guidance to employees on the standards and conduct expected of them and a mechanism to deal with the consequences of failing to meet such standards. The Employment Act 2002 (Dispute Resolution) Regulations 2004 provide that all employers must have a standard three-step procedure dealing with both …show more content…
Nevertheless there may be occasions when, despite adequate support, an employee’s performance consistently fails to reach the required standard. Where this is the case managers must not duck the issue. Line managers must be prepared and ready to have difficult conversations with their team members and will need to have been trained to do so. If an organisation does not have the expertise to carry out this sort of training there are a number of external providers.
Where informal approaches fail you may decide to take more formal action which could eventually result in dismissal if employees fail to make the necessary improvement. Where this is the case it is essential that we always follow our disciplinary procedure. Procedures should take account of the minimum requirements set out in the ACAS Code of Practice on disciplinary and grievance procedures.
Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice.
(Such dismissal without notice is often called ‘summary dismissal’.)
It is strongly advisable to give employees a clear indication of the type of behaviour that is considered to be gross misconduct. This can be stated in the contract of employment itself or in a staff handbook. Identifying such behaviour in advance