- Admin: Chris Rushton
6th July 2016
Date of Next Review
The Practice’s aim is to encourage improvement in individual performance and conduct. Employees are required to treat members of the public and other employees equally in accordance with the our Equal Opportunities and Non-discrimination Policy. This procedure sets out the action which will be taken when disciplinary rules are breached.
The Employment Act 2002 (Dispute Resolution) Regulations 2004 came into force on 1st October 2004. The Act established a standard dismissal and disciplinary procedure which we at Ashcroft Surgery will follow. It will apply when the employer is contemplating dismissal including dismissal on grounds of
- non-renewal of a fixed term contract and
The above list is not exhaustive. We understand that failure to follow the procedure when it applies will make any dismissal automatically unfair.
The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated. At every stage employees will have the opportunity to state their case and be accompanied by a fellow employee of their choice at the hearings. Only a Partner has the right to suspend or dismiss. An employee may, however, be given a verbal or written warning by the Practice Manager. An employee has the right to appeal against any disciplinary decision. The list of rules below is not to be regarded as an exhaustive list.
Breaches of the practice disciplinary rules which can lead to disciplinary action are:
- failure to maintain professional registration required to do the job (e.g. GMC, NNC, Performer's List, Defence Cover)
- failure to observe a reasonable instruction;
- failure to observe a health and safety requirement;
- failure to observe confidentiality;
- inadequate time keeping;
- absence from work without proper cause;
- theft or removal of the Practice property;
- loss, damage to or misuse of the Practice property through negligence or carelessness;
- conduct detrimental to the interests of the Practice;
- incapacity for work due to being under the influence of alcohol or illegal drugs;
- physical assault or gross insubordination;
- committing an act outside of work or being convicted for a criminal offence which is liable adversely to affect the performance of the contract of employment and/or the relationship between the employee and the Practice
- failure to comply with the Practice’s Equal Opportunities Policy: for example, discrimination against race, colour, culture, gender, sexual orientation, disability and so on. Click here for the Non-discrimination policy: celebrating diversity and promoting equality.
The 3-Step Dismissal Procedure
Step 1 - Inviting the employee
The Manager and GP Partner must set out in writing the circumstances, which led them to contemplate dismissal of the employee. The letter must invite the employee to attend a meeting with the Manager. The meeting must be held before any action against the employee is taken. The employee should also be advised that he/she has the right to be accompanied by a trade union official or other person at the meeting.
Step 2 - The meeting
The Manager/partner will meet with the employee concerned and explain on what basis the decision to dismiss is being made and the grounds given for it. The employee will have an opportunity to ask any questions in relation to the decision to dismiss. The Manager/partner should advise the employee in writing of his/her decision not later than three working days after the meeting. The letter must inform the employee of the right to appeal against the decision if they are not satisfied with it.
Step 3 - Appeal (if requested by the employee)
The employee decision to appeal must be made in writing to the Practice Manager within 10 working days of receiving the written decision (step 2) to dismiss. The hearing should be held no later than 20 working days after receipt of the written notification of appeal.
Any documents that may be used in evidence should be despatched to the employee with the letter informing his/her of the date of the appeal hearing. The employee should be advised that if he/she wishes to produce any document(s) in evidence or references/testimonials, then these should be forwarded to his/her Manager at least three working days in advance of the appeal hearing. The employee should also be advised that he/she has the right to be represented by a trade union official or other person.
Types of Warning
(a) Oral warning
If conduct or performance is unsatisfactory, the employee will be given a formal oral warning, which will be recorded. The warning will be disregarded after six months satisfactory service.
(b) Written warning
If the offence is serious, or no improvement in standards, or if a further offence occurs, a written warning will be given which will include the reason for the warning and a notice that, if there is no improvement after three months, a final written warning will be given. The warning will be disregarded after twelve months satisfactory service.
(c) Final written warning
If conduct or performance is still unsatisfactory, or if a further serious offence occurs within the six month period, a final warning will be given making it clear that any recurrence of the offence or other serious misconduct within a period of twelve months will result in dismissal. This final written warning period will also include any contractual notice of termination of employment should dismissal be invoked. The warning will be disregarded after eighteen months satisfactory service.
If there is no satisfactory improvement or if further serious misconduct occurs, the employee will be dismissed, usually without payment in lieu of contractual notice, as this has been served concurrently with the final written warning period.