Staff Disciplinary
Procedures Policy

The Japanese School

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Approved by:

SMC

Last reviewed on:

February 2024

Next review due by:

February 2026

Date: February 2024

Version Number
1.0

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Modified By(K Okamoto)

Modifications Made
Creation of Staff Disciplinary Procedures Policy

Date Modified
29/11/2023

Contents
1. Aims3
2. Legislation and guidance3
3. Definitions and scope3
4. Disciplinary procedures3
5. Record keeping6
6. Monitoring arrangements6
7. Links with other policies6

Appendix 1: instances and behaviours classed as misconduct7

1. Aims
This policy aims to:Help and encourage all employees to achieve and maintain satisfactory standards of conduct.
Set out the procedures for when an employee’s conduct falls below the expected standard.
Ensure that all employees are treated fairly and consistently when a disciplinary issue is being dealt with.

2. Legislation and guidance
These disciplinary procedures are based on the Disciplinary and grievance code of practice from ACAS.

3. Definitions and scope
A disciplinary issue will arise when a staff member has not behaved to the standard expected of them.
Appendix 1 sets out a non-exhaustive list of examples of what we define as misconduct and grossmisconduct. For the purpose of this policy, misconduct does not cover staff capability or poor performanceissues. These are addressed in our capability of staff policy.

4. Disciplinary procedures
Minor disciplinary issues will be dealt with informally at first, and will be escalated only where:
There has been no resolution.
The issue is more serious.
There are repeated or multiple instances of misconduct.
There is suspected gross misconduct.
When dealing with an issue informally, the employee’s deputy head teacher will organise a brief meeting with theemployee and set out the concerns. They will remind the employee of the expected standard of behaviour andconsider what support is needed to help them improve. Notes will be taken and retained.
If the issue cannot be dealt with informally, formal procedures will begin. The employee will be notified of this in aface-to-face meeting with the secretary, to be held in person or over video conferencing if necessary. This will befollowed up in writing.

4.1 Suspension
3In some circumstances it will be appropriate to suspend a member of staff temporarily, for example, where there
is suspected gross misconduct. This in itself does not amount to guilt or constitute disciplinary action.
Where this is necessary:
The headteacher must authorise the suspension. If it is the headteacher who is the subject of thedisciplinary procedure, the governors must authorise the suspension.
The staff member will be informed of the suspension in a face-to-face meeting, held in person or overvideo conferencing if necessary, followed by a notification in writing within 5 working days.
The employee will be permitted to be accompanied to the meeting by either a colleague or trade union
representative.
The staff member will be suspended on full pay.

4.2 Investigation
An independent investigating officer will be appointed.
Before a disciplinary hearing takes place, the investigating officer will gather the facts of the case and evidence.
The investigating officer will, if necessary, hold investigatory meetings (in person or over video conferencing).
The employee will be informed of the outcome of the investigation in writing.
If the investigating officer determines that the matter should move forward to a formal disciplinary hearing a
disciplinary officer will be appointed. This will be a person independent from the investigating officer.

4.3 Notification
If it is decided that there is a disciplinary case to answer, the employee will receive a written notification 5 working
days before the hearing. The meeting could be sooner if it is agreed by both parties. The notification will include:
Details of the alleged misconduct and its possible consequences.
Copies of any written evidence, including witness statements.
The time, date and location of the disciplinary meeting (including the details if the meeting is to be held
over video conferencing, if relevant).
A statement that the employee has the right to be accompanied by a colleague or a trade union
representative.
Notification that the employer intends to call witnesses (if relevant).
If the employee intends to call a witness, they should notify the employer.
The Deputy Headteacher will conduct the hearing.

4.4 Disciplinary hearing
Before the hearing, the employee will receive a copy of all evidence that will be relied upon during the procedure.
At the hearing, the person conducting the hearing will explain the case against the employee and go through theevidence that has been gathered. The person may choose to have the investigating officer present themanagement’s case.
The employee will be allowed to set out their case and answer any allegations that have been made. The
employee will also be given a reasonable opportunity to ask questions, present evidence and call relevant
witnesses. They will also be given an opportunity to raise points about any information provided by witnesses.
Employees have a statutory right to be accompanied at a meeting that may result in a formal warning being
issued, disciplinary action being taken, or the confirmation of either of these.

4The employee has the right to be accompanied by a colleague or other representative. Employees must make therequest in advance of the meeting, to allow the school to prepare and to ensure the employer knows who thecompanion will be.
If an employee’s chosen companion will not be available to meet at the proposed time, the hearing will be
postponed to a time proposed by the employee, as long as the alternative time is reasonable and not more than 5
working days after the original date.
The companion can address the hearing to put and sum up the employee’s case, respond on behalf of theemployee to any views expressed at the hearing and confer with the employee during the hearing. The
companion does not, however, have the right to answer questions on the employee’s behalf, address the hearing
if the employee does not wish it or prevent the employer from explaining their case.

4.5 Taking appropriate action
The hearing will be adjourned and a decision about whether further disciplinary action is necessary will be taken.
The employee will be informed of the decision in writing within 10 working days.
Actions taken may be:
A verbal or informal warning where it is decided that the action was not serious enough to warrant aformal written warning. This may be accompanied by a notification that arrangements will be put in place toimprove the staff members’ behaviour, such as a training course or occupational health support.
A first written warning for a first instance of misconduct. A further instance may result in a final writtenwarning. A first written warning will remain on the employee’s personnel file for 24 months. The written
warning will explain that a further instance of misconduct or no change in behaviour within a given timeframe
will result in a final warning.
A final written warning where the employee has already received a first warning, or where theemployee’s misconduct was sufficiently serious. A further instance may result in demotion or dismissal.
Dismissal where there has been gross misconduct or a final written warning has already been given.
We will refer a case of teacher gross misconduct to the National College for Teaching and Leadership (NationalCollege) if we believe the case is so severe that the National College should consider whether the teacher should
be prevented from teaching. We will also refer cases to other relevant authorities where appropriate.

4.6 Dismissal
The power to decide that members of staff should no longer work at this school has been delegated to theheadteacher /secretary.
The power to dismiss staff in this school has been delegated to the headteacher/secretary.
Once the decision to dismiss has been taken, the headteacher/secretary will dismiss the staff member withnotice.

4.7 Appeals process
The employee has the right to appeal any sanction. Appeals must be made in writing within 5 working days of thedecision, setting out at the same time the grounds for appeal.
A disciplinary appeals officer/panel will be appointed.
Appeals will be heard without unreasonable delay and at an agreed time and place (in person, or over videoconferencing if relevant). Employees’ statutory right to be accompanied by a companion will apply as with formal
disciplinary hearings. Notes will be taken and a copy sent to the employee.
The appeal will be dealt with impartially and by senior leaders or governors who have not previously been
involved in the case.
The employee will be informed in writing of the results of the appeal hearing within 5 working days.

4.8 Special cases
5If the employee involved in a disciplinary procedure is also the trade union representative, we will notify the unionand discuss the matter with an official employed by the union before action is taken, after obtaining theemployee’s agreement. The procedure will continue as normal.
If the employee who is subject to disciplinary procedures raises a grievance about the disciplinary allegations or
the procedure itself, the grievance procedure will run concurrently.
If the employee who is subject to disciplinary procedures raises a grievance about something unrelated to thedisciplinary, consideration will be given to pausing the disciplinary while the grievance is addressed.

5. Record keeping
Minutes will be kept of all interviews and meetings. Where possible, these will be confirmed as an accurate
reflection of what was discussed during the meeting.
Records of all materials relating to the disciplinary process will be kept securely, only for as long as necessary
and in line with data protection law, our privacy notices and record retention schedule.
If disciplinary action is taken, a record of this will be added to the employee’s personnel file.
We will disclose any proven disciplinary offences by a staff member if a reference is requested by a future
employer.

6. Monitoring arrangements
This policy will be reviewed every 2 years but can be revised as needed.
The School Management Committee will approve this policy.

7. Links with other policies
This policy links with our policies on:Equality
Staff code of conduct
Behaviour6Appendix 1: instances and behaviours classed as misconduct
The following lists are not exhaustive.
Instances of misconduct include:
Unauthorised absence or persistent lateness from work.
Using bad language in front of pupils.
Failure to follow the policies, practices and requirements of the school.
Unsatisfactory standards of work (not related to capability).
Inappropriate use of school facilities.
Failure to comply with reasonable instructions from senior staff.

Instances of gross misconduct include:
Physical violence or assault.
Discrimination, harassment, victimisation and/or bullying of pupils, colleagues or visitors.
Theft.
Sexual offences or misconduct.
Inappropriate relationships with pupils or any other actions that would be classed as a serious
safeguarding issue.
Serious breaches of confidentiality.
Deliberately acting in a way that will cause damage to the school’s reputation.
Deliberately damaging school property.
Teacher misconduct guidance from the National College explains that, among other things, the following offences
will be serious enough to warrant prohibition of teaching:
Serious departure from the personal and professional conduct elements of the Teachers’ Standards.
Misconduct seriously affecting the education and/or wellbeing of pupils, and particularly where there is acontinuing risk.

7Actions or behaviours that undermine fundamental British values.
Abuse of position or trust (particularly involving vulnerable pupils) or violation of the rights of pupils.
Sustained or serious bullying, or other deliberate behaviour that undermines pupils, the profession, theschool or colleagues.

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