Chief officers' disciplinary policy

Policy overview

We seek to ensure that lawful, fair and effective arrangements exist for dealing with:  

  • chief officer conduct and
  • disciplinary issues 

This procedure provides a framework for: 

  • making those officers aware of unacceptable conduct 
  • dealing with any such issues 

We will have:  

  • full regard to relevant statutes including its constitution 
  • based the procedure on the model found in the JNC conditions of service for chief officers (November 2008 version). 

The procedure applies to all chief officers as defined in Article 9 of The Constitution. A separate policy applies to those designated as "statutory officers", namely: 

  • the head of paid service 
  • the monitoring officer 
  • the Section 151 finance officer 

Objectives 

The objectives of this policy are to ensure that we: 

  • meet all relevant legal requirements regarding any disciplinary decisions taken in relation to chief officers
  • treat chief officers in a fair and consistent manner  
  • support the chief executive and other relevant managers to carry out their responsibilities for the maintenance of high standards of conduct of chief officers. 
  • we, our employees, clients, the public and recipients of our services are protected from the consequences of misconduct

Principles 

At all stages in this procedure, we will ensure that the chief officer is: 

  • informed of the nature of the issues of concern or case against them 
  • given a chance to explain before we make any decision 
  • given the right to be represented by a work colleague or a recognised trade union representative at any formal meeting or hearing 
  • given reasonable notice of any formal meeting or hearing 
  • notified of the outcome of any formal meeting or hearing in writing 
  • given a right to appeal against formal disciplinary action 
  • confident that we will comply with the obligations to disabled employees under the Equality Act in terms of reasonable adjustments 
  • treated with dignity and respect at all times 
  • recognised to be in a situation of potential stress or anxiety and treated accordingly 
  • not judged "guilty" in advance of the conclusion of the process  
  • confident of confidentiality of communication with limited access to others
  • confident the process will be carried out quickly and without undue delay