Disciplinary Procedure

 

The aim of this procedure is to help the Committee, as a caring group, to deal fairly and consistently with disciplinary problems and sets out clear procedures which will minimise disagreements about disciplinary matters. The procedure is designed not as a dismissal process but as a means of encouraging members to conform to acceptable standards.

The procedure aims 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.

In order that all members know and understand the disciplinary procedure all members will be given a copy of this schedule which will also serve to remind the committee members how disciplinary matters should be handled.

At every stage the member will be advised of the nature of the complaint and be given the opportunity to state their case and be accompanied by a nominated person of their choice.

The member will not be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will normally be dismissal without notice.

Any member has the right to appeal against any disciplinary action taken.

The procedure may be implemented at any stage if the alleged misconduct warrants this.

 

Informal Discussions/Counselling

Before taking formal disciplinary action, a member of the Committee (now known as the Line Manager) will make every effort to resolve the matter by informal discussions with the member concerned. Only where this fails to bring the about the desired improvement or where they decide that formal action must be taken should the formal disciplinary procedure be implemented.

At this point they will terminate the informal meeting and arrange a mutually convenient date for a formal meeting (at which the member may be accompanied) to issue the warning.

 

1. Formal Verbal Warning

If, despite informal discussions, conduct or performance does not meet acceptable standards, a formal verbal warning will be issued by the Line Manager. This will include:

            The reason for the warning

            That the warning is the first stage of the disciplinary procedure

            That the member has the right of appeal

A brief note of the warning will be kept and a copy given to the member but will lapse after 6 months, subject to satisfactory conduct and/or performance.

 

1. Written Warning

If at the end of the review period, after consulting with the Line Manager concerned and if both feel there is no improvement in standards, or if a further offence occurs or in some cases the issue is serious enough, a written warning will be given by the Chair of the Committee. This will state the reason for the warning, the improvement of change of behaviour required, the timescale allowed for this and the right of appeal. A copy of this first written warning will be kept on file but the warning will lapse after 12 months subject to satisfactory conduct and/or performance.

 

 

1. Final Written Warning

If the conduct or performance of the member remains unsatisfactory within the timescale agreed, or if the misconduct is sufficiently serious to warrant only one written warning, then a final written warning will be given making it clear that any reoccurrence of the offence or other serious misconduct could or will result in dismissal or some other action short of dismissal and refer to the right of appeal. A copy of the warning will be kept on file but the warning will lapse after 12 months subject to satisfactory conduct and/or performance.

 

1. Dismissal

If there is no satisfactory improvement the member will be dismissed.

 

1. Gross Misconduct

If, after investigation, it is deemed that the member has committed an offence of the following nature (the list is not exhaustive), the normal consequence will be dismissal:

            Theft, fraud, deliberate falsification of scheme documentation

            Fighting, assault on another person

            Deliberate damage to any scheme equipment

            Sexual or racial harassment

            Being unfit for duty through alcohol, medication or illegal drugs

            Gross negligence

            Gross insubordination

            Failing to comply with the Confidentiality and Privacy Document

            Failure to comply with the schemes Constitution

            Failure to follow the N.E.A.S.’s code of conduct for First Responders

            Bringing the name of the E.D.C.F.R. into disrepute.

While the alleged gross misconduct is being investigated the member may be suspended. Such suspension is not to be regarded as a form of disciplinary action and will be for as short a period as necessary.

Any decision to dismiss will be taken only after a full investigation. If found to have committed an act of gross misconduct, the member will be dismissed immediately.

The North East Ambulance Service (N.E.A.S.) will also be informed of any member who is deemed to have committed an act of gross misconduct.

 

1. Appeals

If the member wishes to appeal against any disciplinary decision taken at the end of stages 1 or 2 then they must appeal, in writing within 14 working days of the decision being communicated to them, to the Secretary.

The appeal against a decision made at stage 3 or the dismissal stage will be heard by an Appeals sub-committee of the Management Committee which will consist of three members of the Committee who have not previously been involved in the Disciplinary Procedure.

The decision of the Appeals Committee will be final and constitutes the final stage of the procedure, whether by a unanimous or a majority decision. At all stages, the member may be accompanied by a nominated person of their choice.

A written record of each discussion will be kept and shown to the member before filling.

The time period at each stage may be varied by mutual agreement.