Staff Disciplinary Policy

Our staff disciplinary policy says the action we will take if our staff break the rules.

Introduction & Context

This policy is designed to give clear guidance on the disciplinary process at Homefield College.

All employees are expected to observe their standard of behaviour and are in a unique position of influence, so must adhere to behaviour that models the highest possible standards for all our beneficiaries.

As a member of the Homefield community, each employee has an individual responsibility to act with personal and professional integrity and to maintain the reputation of the College, whether this is inside or outside of the College.

We expect all employees to behave in such a way which demonstrates and embraces the colleges core values: Equality, Empowerment, Respect and Sustainability.

Equality & Inclusion Statement

The College follows an equal opportunities policy. We are committed to ensuring within the framework of the law that our workplace is free from unlawful or unfair discrimination because of protected characteristics as defined in the Equality Act 2010.

We aim to ensure that our employees achieve their full potential and that all employment decisions are taken without reference to irrelevant or discriminatory criteria.

Purpose & Scope

This policy is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance in line with Homefield College’s policies and procedures and Staff Code of Conduct. 

This procedure applies to all employees / workers and the aim is to ensure consistent and fair treatment for all in the organisation.

Procedure

We will consider informal action, where appropriate, to resolve problems.

No disciplinary action will be taken against an employee until a reasonable investigation of the allegation(s) has been undertaken.

The employee will be advised of the nature of the complaint against them and will be given the opportunity to state their case before any decision is made at a disciplinary meeting.

Employees will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary meeting. Witness statements may be, in appropriate circumstances, anonymised.

At all meetings that may result in a disciplinary sanction being imposed, you will have the right to be accompanied by a trade union representative, or work colleague.

This could be:

  • A formal warning
  • Some other disciplinary action
  • Confirmation of a formal written warning or other sanction (example, at an appeal hearing)

The right to be accompanied by:

  • Someone you work with
  • A trade union representative who is certified or trained in acting as a companion.
  • An official employed by a trade union.

You should tell the HR department as soon as possible if you would like a companion and who they will be so we can make arrangements in good time.

If you need any reasonable adjustments, for example for a disability, speak to the HR department.

An employee will have the right to appeal against any disciplinary action.

The procedure will be reviewed at regular intervals by the College and may be amended from time to time. Employees will be informed of any revisions to the procedure.

During the disciplinary process, employees will be offered support through Homefield College’s EAP service and occupational health provider. We are committed to protecting the health, safety and welfare of our employees.

Conduct outside of work

This procedure may apply where an employee conducts themselves in a manner outside of work that has an impact upon the performance of their job or the reputation of the College.

This covers conduct including, but not limited to, criminal offences or antisocial behaviour as well as negative comments about the College on social media or in the local or wider community.

Conduct and Behaviour

A non-exhaustive list of examples of actions and behaviour that may result in disciplinary action are detailed below.

Offences such as a poor job performance, minor breaches of the College policies and procedures.

Minor conduct or performance issues can usually be resolved informally with your line manager.

Breaches to the Employers policies, procedures and Code of Conduct rules may constitute either misconduct or gross misconduct depending upon the seriousness of the breach.

Gross Misconduct

The following list provides some examples of offences that are normally regarded as gross misconduct:

  • Theft, dishonesty, falsification of documents or fraud
  • Physical violence / intimidation / aggressive behaviour or bullying
  • Deliberate / wilful negligent damage to property
  • Serious misuse of an organisation’s property or name
  • Deliberately accessing internet sites containing pornographic, inappropriate, offensive or obscene material
  • Serious insubordination
  • Unauthorised absence
  • Failing to follow a reasonable management instruction
  • Unlawful discrimination or harassment
  • Bringing the organisation into serious disrepute
  • Serious incapability at work brought on by alcohol or illegal drugs
  • Causing loss, damage or injury through serious negligence
  • A serious breach of health and safety rules
  • A breach of trust & confidence.

Informal steps

In the first instance and where appropriate to do so, we shall establish the facts surrounding the case and, where necessary, shall take in to account the statements of any available witnesses.

Where Homefield College does not wish to invoke the formal disciplinary procedure, we shall hold an informal discussion with the employee regarding the issue and how it can be resolved.

Suspension from work

If considered appropriate and reasonable you may be suspended from your duties while the investigation is undertaken although you will normally only be suspended if:

  • There is a significant risk to the College or other potential risk such as health and safety,

and / or

    • Your continued presence in the workplace may hinder an investigation taking place.

    The Principal is the only person able to suspend an employee. Should the Principal not be available, it would go to another member of the Senior Management Team for authorisation to suspend the employee.

    You may be suspended at the beginning or at any time during the investigation depending on the circumstances. If you are suspended, it will be confirmed in writing to you within 3 working days. Suspension is only a precautionary measure, pending the outcome of the disciplinary proceedings and is not a punishment in itself. You will be paid in full during this time. While suspended, you should not visit any of our premises or contact any staff, students or anyone else in relation to the College unless you have permission to do so.

    While you are suspended, you must keep yourself available to attend any meetings and respond to requests under this procedure.

    Investigations

    Before any disciplinary hearing is held, the matter will be investigated. Homefield College will appoint a trained member of staff to carry out the investigation. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary actions will be taken without a disciplinary hearing. A completed investigation plan will be submitted to Investigating Officer prior to the investigation and a report will need to be completed and returned to the HR department once the investigation is completed. The report will state the Investigation Officer’s recommendations.

    The HR department will communicate with you in writing to arrange meetings and to keep you up to date on any proceedings. We will aim to carry an investigation out within a timely manner, usually within 10 working days. Should this become longer due to circumstances beyond our control, we will write to you to inform you of this.

    Following the investigation, a report of its findings will be sent to the HR department.

    If you are accused of an act of gross misconduct, you may be suspended from work on full pay while the alleged offence is investigated. If, on completion of the investigation and the full disciplinary procedure, the organisation is reasonably satisfied that gross misconduct has occurred, then the result will normally be summary dismissal without notice or payment in lieu of notice.

    Disciplinary Hearing

    Having established the facts, if there is reasonable belief that you have committed a disciplinary offence, you will be invited to a disciplinary meeting.

    The meeting will be chaired by a member of the senior leadership team (if not involved in the investigation) and a member of the HR team will be in attendance. You have the right to be accompanied by a companion.

    Witnesses may or may not be called at the hearing. You will be sent a copy of the evidence to be considered at the meeting and will have the opportunity to state your case fully. You will be informed of any possible outcomes.

    You should also give any copies of any papers or witness statements that you intend to rely on at the meeting at least 2 working days in advance of the meeting to the person dealing with the meeting or the HR team.

    You will be given at least 5 working days’ notice to attend the meeting that you (and your companion) must make every effort to attend. If the meeting must be rearranged, at least 2 working days’ notice of the rearranged date will be given.

    You will be expected to attend the rearranged meeting unless there are exceptional circumstances that you cannot attend, and you must notify your line manager in advance of the meeting. If you unreasonably fail to attend the rearranged meeting, it will take place in your absence.

    Adjourning the disciplinary meeting

    Prior to making the decision, the meeting may be adjourned to consider all relevant information or for the purpose of clarifying or gathering additional information.

    If new information is gathered or clarified, you will be notified and given reasonable time to consider prior to the meeting being reconvened.

    Confirmation of outcome

    Once the disciplinary manager is satisfied that all relevant information has been gathered and properly considered where relevant, you will be advised of the decision and what, if any, disciplinary action is to be taken.

    The decision and action will be confirmed in writing to you within 2 working days, along with copies of any notes of the disciplinary hearing.

    If you consider that the notes do not properly reflect the discussion, you have the right to propose amendments to the record within 5 working days. If the proposed amendments are not agreed, your comments will be attached to the record.

    You also have the right to appeal, see appeal section.

    Formal procedure

    First stage of formal procedure

    This will normally be a first warning for misconduct if conduct does not meet acceptable standards. This will be in writing and set out the nature of the misconduct, the change in behaviour required and the right of appeal.

    The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change.

    A record of the written warning will be kept for 6 months but will then be considered spent – subject to achieving and sustaining satisfactory conduct.

    Final written warning

    If the offence is sufficiently serious, or if there is further misconduct during the currency of a prior warning, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will refer to the right of appeal.

    A copy of this written warning will be kept on your personnel record but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct.

    Dismissal or other sanction

    If there is still further misconduct, the final step in the procedure may be dismissal or, in appropriate cases, some other action short of dismissal such as demotion, disciplinary suspension with no pay or transfer.

    Dismissal decisions can only be taken by the College Principal, and the employee will be provided in writing an outline of the reasons for dismissal, the date on which the employment will terminate and the right of appeal.

    If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement in the future and will be advised of the right of appeal.

    Appeals

    An employee who wishes to appeal against a disciplinary decision must do so in writing within five working days. The Principal (or a member of the Board of Trustees) will hear the appeal and their decision is final.

    Data Protection

    Homefield College has developed its policies about processing personal, confidential and sensitive data to ensure that all staff and contractors handling college information remotely do so securely and in accordance with the Data Protection Act 2018. 

    All staff are responsible for keeping information secure in accordance with the legislation and must follow the College’s Data protection, sharing and breach policies as well as the ICT Acceptable Use policy.

    The College will develop, implement and maintain appropriate safeguards, including use of encryption and pseudonymisation where applicable. It will regularly evaluate and test the effectiveness of those safeguards to ensure security of processing.

    All staff has a duty to guard against unlawful or unauthorised access or processing of personal data and prevent its accidental loss or damage. Staff must exercise particular care in protecting sensitive personal data from loss and unauthorised access, use or disclosure.

    It is your responsibility to familiarise with, and follow, all procedures and technologies put in place to maintain the security of personal data from the point of collection to the point of destruction. Staff may neither share nor transfer any personal data to a third-party without prior agreement with the College’s designated Data Protection Officer.

    Confidentiality

    Homefield College will treat all disciplinary cases sensitively and confidentially. Information will only be shared with those who have a legitimate right to be informed in accordance with the Data Protection Act 2018 and the Common Law Duty of confidentiality. Breaches of confidentiality by any party may result in disciplinary action.

    Review / Amendment

    The organisation reserves the right to review this policy and procedure at any time if deemed necessary and to amend it accordingly. Any changes will be notified to all staff and updates uploaded to SharePoint and the College’s website.

    Last Updated: September 2026
    Person Responsible: HR Manager