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Disciplinary Procedure

Document category: Trust wide policy

Document date: July 1, 2018

The South West Yorkshire Partnership NHS Foundation Trust (the Trust) is committed to creating and maintaining a positive working environment and harmonious employee relations. In implementing this procedure Managers should ensure they do not discriminate directly or indirectly on the grounds of age, disability, race, nationality, ethnic or national origin, gender, religion, beliefs, sexual orientation, domestic circumstances, social state, HIV status, gender reassignment, or political affiliation or trade union status.
The Trust’s procedure is based on the ACAS Code of Practice, the objective being that where possible staff are given the opportunity to improve their conduct and/or to address the issue of concern.
This procedure deals with issues of conduct, as distinct from capability. There is a separate procedure to deal with capability issues. There is also a separate procedure which addresses issues arising out of capability on health grounds.
Efforts should be made, wherever possible, to deal with problems both speedily and informally, with emphasis on support, advice and guidance. However, the need does exist to have formal Disciplinary Procedures when informal mechanisms are not considered appropriate and when informal discussion or action has failed.
All allegation(s) against an employee will be investigated prior to any Disciplinary Hearing/action taking place.
The procedure will follow the basic principles of natural justice. That is the employee will be informed of the allegations, they will be given the opportunity to state their case and they will be heard in good faith. A flowchart of the Disciplinary Procedure is shown at Appendix 1.
This procedure should be read in conjunction with the Trust’s Disciplinary Procedure Management Guidance.

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