Statutory Disciplinary, Dismissal and Grievance Procedures Schools' Personnel Handbook

1. Procedures
   
   I am writing further to MI Sheet MI 182/04 dated 27th September 2004, concerning these procedures.
   
   Consultations have taken place with a working group of the employees' side of the Teachers Joint Consultative Committee and with Unison, on revisions to relevant procedures and guidance. These revisions are effective immediately and are contained in Sections 6, 7 and 8 of the Schools Personnel Handbook, which you can access via the Esinet.
   
   The following are a summary of the main changes that have been made:-
   
   
   • All procedures include references to the statutory rights of employees to be accompanied by a companion at certain formal interviews and hearings. A companion is a fellow employee or a representative of an independent trade union.
     
     
   • All procedures and guidance have been updated to include the new statutory three step disciplinary/dismissal and grievance procedures. Heads should be aware that if the statutory procedures are not followed then an employee complaint to an employment tribunal would be likely to be successful.
     
     
   • Various other changes have been made following the consultations and to take account of the latest employment legislation and case law.
   
   I summarise below the sections that have been changed in the Schools Personnel Handbook:-
   
   
   1. Section 6, Parts 1 to 6 - Management guidance on disciplinary/dismissal (conduct) procedures and lack of capability/dismissal (competence) procedures.
      
      
   2. Section 6, Appendix B - Disciplinary Procedure for Employees in schools relating to issues of conduct. This also includes the dismissal procedure.
      
      
   3. Section 6, Appendix C - Disciplinary Procedures for use in relation to Headteachers.
      
      
   4. Section 6, Appendix F - Procedure for Lack of Capability for teaching staff. This also includes the dismissal procedure.
      
      
   5. Section 6, Appendix G - Procedure relating to Unsatisfactory Performance of Headteachers.
      
      
   6. Section 7 - Grievance Procedure - Parts 1 to 3 Management Guidance and Appendices A, B, C and D. Appendix A is the main Grievance Procedure.
      
      
   7. Section 8 - Dismissal Procedures - Parts 1 to 4 Management Guidance.
      
      
   8. Section 8, Part 7 - Dismissal Procedure for Redundancy (Staff Adjustment). Please note this is a new procedure where Governors decide on dismissal and appeal is to a separate panel of Governors. The Head would normally present the case.
      
      
   9. Section 8, Part 8 - Dismissal Procedure for Contract Termination - ending of fixed term contracts and retirements (where the retirement is by dismissal). This procedure allows for the Headteacher to dismiss with appeal to a panel of Governors.
   
   Headteachers are advised to ask Governors to adopt the new procedures and then to make the new procedures readily available to staff. This particularly applies to the Grievance Procedure. The following need to be adopted by Governors formally and made available to staff:-
   
   
   • Section 6, Appendices B, C, F and G.
     
     
   • Section 7, Appendix A.
     
     
   • Section 8, Parts 7 and 8.
     
     
   
   If a new situation arises and Headteachers or Governors need to use the new procedures then the school is advised to seek support from the School's Personnel Consultant who should also be contacted if you have any queries on this letter.
   
   
2. Schools' Personnel Handbook
   
   Finally Schools should be aware that a task group has been established to review and update the Schools Personnel Handbook and produce it in an electronic form using the latest web technology. This should allow Heads and Governors to use the Handbook more easily and allow for prompter and easier updates. Consultations will take place with Heads, through PASH and NASH; Governors through the Governors Network; and the recognised trade unions for teaching and support staff, through the normal mechanisms; on the format and content of the Handbook. The intention is to have the new handbook available in the autumn term 2005.