Clubland aims to have a team of well-motivated, highly skilled and professional staff. However, should the behaviour or performance of a member of staff fall below the high standards that we expect we will follow the procedure set out below.
Staff will not be dismissed for a first breach of discipline except in the case of gross misconduct.
Staff have the right to an appeal at all stages of the procedure and this will be confirmed within the warning or dissmal letter. The member of staff will have the opportunity to ask questions and answer allegations, and has the right to be accompanined by a colleague or union representative to disciplinary meetings.
Minor offences
The Playscheme manager will try to resolve the matter by informal discussions with the member of staff. If this does not resolve the problem, the formal disciplinary procedure will be followed.
Formal disciplinary procedure
The stages of the formal disciplinary procedure are:
- Formal verbal warning
- First written warning
- Second written warning
- Dismissal
If it reaches this stage Clubland will first seek advice from an HR professional before instigating any formal disciplinary procedures.
Disciplinary meetings
For each stage of the procedure the Playscheme manager will hold a disciplinary meeting with the member of staff to explore the misconduct or performance issue, and, if still applicable following the discussion of the meeting, will then issue appropriate type of warning (or dismissal notice).
Before the meeting
Before each disciplinary meeting the HR Team will write to inform the member of staff of the date and purpose of the meeting, of the specific disciplinary issue to be discussed, and of their right to be accompained by a colleague or union representative.
After the meeting
Following each disciplinary meeting the HR Team will write to the member of staff to confirm:
- that a verbal, first written or final written warning has been issued (depending on the stage of the disciplinary process)
- what the warning was for
- what improvement in conduct or performance is expected and within what timescale
- the consequences of further misconduct or lack of performance
- how long the warning will be kept on file
- how they can appeal against the decision
Keeping notes of warnings
Notes of warnings will be kept in the staff member's personnel file as follows:
- Formal verbal warning: A note of the warning will be kept on file, but will be disregarded after six months if their performance or conduct is satisfactory.
- First written warning: A copy of the warning will be kept on file, but will be disregarded after 12 motnhs if their performance or conduct is satisfactory.
- Final written warning: A copy of the final written warning will be kept on file, but will be disregarded after 24 months if the performance or conduct of the member of staff remains satisfactory.
Dismissal
If, during the period of the final written warning, there is a further breach of Club rules, or if the member of staff's performance has still not improved, dismissal will normally result. The orgainisation of the final disciplinary meeting at which this decision is made is the same as described above for the earlier disciplinary meetings.
Immedialtey after the final dsciplinary meeting the HR Team will write to the member of staff to confirm:
- that at the dsicplinary meeting it was decided that their conduct/perfromance was stillunsatisfactory and that they will be dismissed
- why they are being dismissed
- when their last day of service will be
- how they can appeal agasinst the decision.
If the decision was taken not to dismiss the member of staff, this must also be confirmed in writing.
Gross misconduct
Staff will be dismissed without notice if they are found to have committed an act of gross misconduct. Examples of gross misconduct include:
- Child abuse
- Failing to comply with health and safety requirements
- Physical violence
- Ignoring a direct instruction given by a Playscheme manager or Senior management
- Persistent bullying, sexual or racial harassment
- Being unfit for work through alcohol or illegal drug use
- Theft, fraud or falsification of documents
- Being disqualified under the terms of the statutory Framework for the Early years Foundation Stage (section 75 of the Childcare Act 2006) or the Children's Act 1989.
The Playscheme manager will investigate the alleged incident thoroughly before any decision to dismiss is made.
Referral to Disclosure and barring Service
If a member of staff is dismissed (or would have been dismissed if they had not left the setting first) because they have harmed a child or put a child at risk of harm, we will make a referral to the Disclosure and Barring Service.
Notification to Ofsted
The club will notify Ofsted if a member of staff becomes disqualified, or if any significant event occurs which is likely to affect their suitability.
Appeals
A member of staff wishing to make an appeal against a disciplinary decision must do so in wrting, stating the grounds for the appeal, and within five working days of being informed of the decision. A meeting to hear the appeal will be set up no more than ten working days later. The member of staff has the right to be accompained to the appeal hearing.
Where possible, the registered person, or senior member of management who was not involved in the original disciplinary action, will hear the appeal and make an impartial and final decision. Within ten working days of the appeal hearing, the registered person or senior management will inform the member of staff in writing of the outcome of the appeal.
