ࡱ> a  qbjbj @AbAb{h VVVVVjjj8<j: < H$rVPPPVVḦ###PRVV#P##b=y$pba|V}0|Nx NNVPP#PPPPP#PPPPPPPNPPPPPPPPP B :  QUEENS UNIVERSITY BELFAST __________________________ Disciplinary Regulation (For Staff Grades 6/Ac1 and above) __________________________ (Regulation Governing Discipline and Dismissal Pursuant to Statute XIII Part III) 1. This Regulation is established pursuant to Statute XIII Part III. 2. General Principles 2.1 Any disciplinary complaint will be investigated promptly. It is strongly recommended that the manager should discuss the circumstances of the particular case with the HR Business Partner and seek particular advice on procedural matters. 2.2 Where an investigation establishes that there is a substantive case to answer, the member of staff will be given clear information of the nature and level of the seriousness of the disciplinary complaint. 2.3 The member of staff will be given the opportunity to prepare and present their case. They will be informed of the right to be represented or assisted in the presentation of their case by a representative of a recognised trade union or University colleague at every stage of the procedure. 2.4 The member of staff may request one adjournment on the grounds that they are unable to arrange representation for a hearing, or that on reasonable grounds they require more time to prepare their case. 2.5 Written records will be held of meetings relating to the issue. 2.6 The member of staff will be notified of any disciplinary decision in writing and given a right of appeal. 2.7 Where a precautionary suspension is imposed and/or a formal disciplinary investigation is to be undertaken, and the member of staff concerned is a representative of a recognised trade union, the appropriate full-time official will be informed as soon as practicable. No action beyond an oral warning will be initiated against a representative of a recognised trade union until the appropriate full-time official is notified. 2.8 This procedure may be varied, where the University considers that it is necessary, in order to ensure fairness. Any such changes will be subject to consultation with the recognised trade unions. In addition, in all cases that are to be considered under Part III of Statute XIII, and this Regulation, the University reserves the right to digress from them in so far as they may be inconsistent with its legal obligations as an employer. 2.9 Where a disciplinary matter is ongoing and a subsequent grievance relating to that matter is raised the disciplinary process will take precedence. Where a grievance is lodged prior to a disciplinary process relating to the matter, then the grievance will continue to be heard, unless the disciplinary offence is of a serious nature. Where necessary the People and Culture Director will adjudicate on any such issue. 3. Grounds For Disciplinary Action Disciplinary action may be taken, and where found to be appropriate a penalty imposed, in respect of the following: 3.1 Conduct amounting to a criminal offence, whether or not there has been a decision to prosecute, of a kind that is judged in all the circumstances to impact adversely on the employment of the member of staff in the University. If there is no criminal conviction, action under this Regulation can only be initiated with the prior approval of the Registrar and Chief Operating Officer or nominee. 3.2 Failure, refusal, or neglect to perform some or all of the duties or to comply with some or all of the conditions attaching to the post, or performing those duties or complying with those conditions in an unsatisfactory or inadequate manner. 3.3 Conduct on the part of the holder of a post held by the member of staff which is judged to be inappropriate or unacceptable as referred to in the Code of Conduct (which may be subject to review), and conduct which could include (but not be confined to) the following: (i) Breach of any obligation or duty arising under any of the Universitys regulations regarding financial matters, harassment, equal opportunities, public interest disclosure, health and safety, or data protection or any other rules, regulations or codes binding on the member of staff. (ii) Wilful damage to, or improper use of, University facilities, premises, property or equipment. (iii) Disruption of, or improper interference with the activities of the University or of any member of staff, student, Senate member or visitor (other than any lawful industrial action). (iv) Violent, indecent, disorderly, threatening, abusive, insulting or harassing behaviour or language (whether written, spoken or in any other form). (v) Fraud, deceit, deception or dishonesty in relation to the University or any related activity, including research and examining. (vi) Action likely to cause injury or impair safety. (vii) Inappropriately divulging information or material received that has been marked or otherwise indicated as being in confidence (unless the disclosure is permitted under the Public Interest Disclosure (NI) Order 1998 or in accordance with the Universitys Public Interest Disclosure Procedure). 3.4 Conduct occurring outside the University, which has or is likely to bring the University into disrepute, may also be the subject of disciplinary action. Action under this Regulation can only be initiated with the prior approval of the Registrar and Chief Operating Officer or nominee. 4. Precautionary Suspension 4.1 Where the suspected misconduct is such that it is considered, on reasonable grounds, that the individuals continued presence in the workplace may represent a risk to others, may give rise to further misconduct, or may militate against the effective investigation of allegations, the Vice-Chancellor (or nominee) may authorise the suspension of the member of staff from duty and/or office, as a precautionary measure. Suspension shall take place only where, and to the extent that, it is a necessary precaution pending the completion of a disciplinary investigation and/or hearing or appeal or for other good or urgent cause. The decision to suspend a member of staff will depend on the particular circumstances surrounding each case. It is a serious step and should only be taken when the specific circumstances dictate. 4.2 Suspension is not a disciplinary sanction nor is it a presumption of guilt. 4.3 Suspension will normally be with pay, and will not normally exceed six months. 4.4 The Vice-Chancellor or nominee shall normally delegate the authority to suspend to the Head of HR Business Partnering who will normally review the suspension at fourteen day intervals. 4.5 The member of staff will be notified of the decision to suspend, the extent of the application of the suspension and the reasons for it. This will be confirmed in writing within two working days of each review. 4.6 A member of staff who is suspended from duty may appeal to the People and Culture Director against the suspension. 4.7 A member of staff who has been suspended must be available at reasonable notice to participate in the disciplinary process. 5. Minor Disciplinary Issues 5.1 When a line manager identifies unsatisfactory behaviour, or where such behaviour has been brought to their attention, which they consider to constitute a minor disciplinary matter, they will advise the member of staff setting out the nature of the conduct of the member of staff or other circumstances which have been identified and will discuss the issue with the member of staff at a meeting. 5.2 A member of staff may be represented or accompanied by a representative of a recognised trade union or University colleague. They will be informed of that right and the nature of the meeting. From this meeting, the line manager will determine whether this procedure or the Capability Procedure is appropriate and, if this Disciplinary Procedure is appropriate, establish a suitable course of remedial action. In addition to a suitable course of remedial action, the line manager may issue an oral warning to the member of staff (see paragraph 10). 5.3 Where a suitable course of remedial action cannot be determined and/or the offence is such as would warrant a written warning, the unsatisfactory behaviour will be formally investigated under the procedure for more serious disciplinary issues. 6. More Serious Disciplinary Issues 6.1 A disciplinary complaint, other than one which is dealt with under the procedure for minor disciplinary issues or where it involves an offence, the penalty for which may be dismissal, will be investigated by the line manager. The line manager shall have the power to question witnesses and request relevant documentation and a written record will be kept of any meetings held during the investigation. 6.2 Prior to the initiation of an investigation, the line manager of the member of staff will write to them setting out the nature of their conduct or other circumstances which have been identified and will invite the member of staff to an investigation meeting to discuss the issue at which they may be accompanied by a representative of a recognised trade union or University colleague. If the allegations are of a more serious nature, where they involve an offence, the penalty for which may be dismissal, the line manager and a People and Culture representative will conduct an investigation and managers of appropriate seniority, with relevant expertise, may be co-opted to assist the process. 6.3 Where it is not appropriate for the line manager to conduct the investigation, or where the line manager is unable to carry out the role, the HR Business Partner will arrange for a manager of an appropriate level of seniority to conduct the investigation and any references to the line manager in these Regulations will include a manager appointed for this purpose. 6.4 Where the matters being investigated raise issues pertaining to an allegation of research misconduct the investigation will be carried out in accordance with the procedures relating to research misconduct. Where it becomes clear during the course of the investigation that there are, or may be, relevant issues pertaining to equal opportunities, such as harassment or discrimination on the grounds of religion, gender, disability etc which will require investigation, the HR Business Partner will arrange for the Equal Opportunities Unit to provide specialist advice to the investigation. 6.5 The role of the line manager is to determine whether or not, following investigation, there is a substantive case to answer and if so, what further steps need to be taken. 6.6 In all cases involving proposed disciplinary action against a Head of School, Pro-Vice-Chancellor, Registrar and Chief Operating Officer or Director of an administrative area or Director of The Institute of Professional Legal Studies such action shall be authorised by the Vice-Chancellor and carried out by a senior manager nominated by the Vice-Chancellor. 6.7 In all cases of proposed disciplinary action against the Vice-Chancellor, this shall be authorised by the Standing Committee of the Senate (with the Vice-Chancellor not being present). The Standing Committee of the Senate shall constitute the Disciplinary Tribunal in such cases and the Appointed Chair of the Standing Committee shall determine the procedure to be adopted. There shall be an appeal, against the finding of the Disciplinary Tribunal, to the Senate in the absence of the members of Senate who constituted the Disciplinary Tribunal. The procedure to be adopted at an appeal shall be determined by the Chairman of the Senate. 7. The Investigation Outcome 7.1 The investigation will determine one of the following outcomes and provide reasons: (i) That a substantive disciplinary case has not been established and no further disciplinary steps will be taken. (ii) That a substantive disciplinary case has not been established but that there are performance issues to be followed up under the Capability Procedures. (iii) That a substantive disciplinary case has been established but that the complaint constitutes a minor disciplinary offence which should be dealt with by way of remedial action or oral warning. In this event the member of staff will be informed accordingly and the line manager shall proceed under the procedure for minor issues. (iv) That a substantive disciplinary case has been established but that it does not constitute an offence which would be likely to result in dismissal. In such cases, the line manager shall issue a written or final written warning. (v) That a substantive disciplinary case has been established and that the disciplinary complaint is of sufficient level of seriousness (ie possibly resulting in dismissal) to be dealt with by way of a disciplinary hearing. The Head of HR Business Partnering shall forward the report of the investigation in such cases to the Vice-Chancellor, so that he or she may determine whether the matter should be referred to a disciplinary hearing (see paragraph 8.1 below) or through Capability Procedure. 7.2 Where there is a substantive disciplinary case possibly warranting dismissal, the line manager will be present at any disciplinary hearing for the purposes of paragraph 8.6 below. 7.3 In cases involving senior managers who have been appointed to non-substantive posts a possible outcome of disciplinary action is the removal from their non-substantive post. 7.4 Appeals Against Warnings Given by Line Manager A member of staff who has received a warning will be advised of their right to appeal the warning to the People and Culture Director which must be lodged within ten working days of the warning being given. The Head of HR Business Partnering (or nominee) will establish and manage the appeal process. The appeal will be considered by the next senior manager (supported by a HR Business Partner). The reasoned decision, normally given within twenty working days of the appeal being lodged shall be final. Normally witnesses will not be called, but, where appropriate, the next senior manager has the authority to determine whether witnesses will be called. The member of staff should attend the appeal meeting but the meeting may proceed in their absence where the next senior manager considers that such absence is unreasonable in the circumstances. 8. Hearing by a Disciplinary Tribunal The Vice-Chancellor shall decide if a case should be referred to a Disciplinary Tribunal and if so, the Head of HR Business Partnering will convene an appropriately constituted Disciplinary Tribunal. If the Vice-Chancellor decides that it would not be appropriate to refer the matter to a Disciplinary Tribunal, he or she shall instruct the line manager to implement one of the alternative outcomes as detailed in paragraph 7 above. The Head of HR Business Partnering will inform the member of staff in writing of the disciplinary charge within five working days of the decision to proceed and the member of staff will be notified in writing of the date of the hearing, with normally at least ten working days notice being given. The Head of HR Business Partnering will convene a Disciplinary Tribunal which shall consist of three persons drawn from the following lists, none of whom shall previously have had any involvement with the case and each of whom who has consented to act: A Chair drawn from a list approved by the Senate (ii) One member drawn from a list agreed by the Academic Council in the instance of a Disciplinary Tribunal considering the case of a member of the academic or research staff, or a member of University Operating Board in the instance of a Disciplinary Tribunal considering the case of any other member of staff falling within the scope of Statute XIII. (iii) A member of staff nominated by the People and Culture Director. At Disciplinary Tribunal involving allegations of equal opportunities or research misconduct, the respective panel may be supplemented to provide for relevant expertise. In addition, the Disciplinary Tribunal may seek legal advice at any stage of the process and may suspend proceedings until such advice is received. Any relevant Health Trust or other relevant body may be represented on any Tribunal convened under this regulation to deal with a member of the clinical academic staff falling within clause 18(1) of Statute XIII and the Disciplinary Tribunal shall be enlarged for this purpose. The member of staff will also be notified of their right to be accompanied by a University colleague or representative of a recognised trade union. They will be provided with all relevant documentation normally three working days prior to the hearing. 8.3 In cases of alleged misconduct in relation to research, the Disciplinary Tribunal will contain appropriate expertise, as set out in the respective procedures relating to research misconduct. 8.4 The Disciplinary Tribunal will receive all relevant documentation including the report from the line manager including any such statements or reports resulting from an investigation. 8.5 Where it is established by a Disciplinary Tribunal that an act of misconduct by reason of poor performance is a result of capability issues, the Tribunal may deal with the matter under the Capability Procedure, at the appropriate stage of the procedure. 8.6 At the hearing the procedure adopted shall be such that it allows the opportunity for: The Tribunal to consider all relevant information, to question managers, the member of staff and their representative and any witnesses. The line manager to put their case, to ask questions and for witnesses to provide evidence. The line manager will have an opportunity to make final representations. The member of staff or their representative to put their case, to ask questions and for witnesses to provide evidence. The member of staff or the representative will have an opportunity to make final representations. 8.7 In reaching the decision on whether the disciplinary complaint is upheld, the Tribunal will consider the evidence given and representations made at the disciplinary hearing. Where the professional competence of a member of staff is in question, the panel may invite a suitably qualified experienced person, in a relevant field, to attend the hearing as a specialist expert. Any such specialist expert should be independent of both parties and may be questioned by all parties including the panel. 8.8 If the Tribunal decides the disciplinary complaint is upheld, it will proceed to consider disciplinary sanction. It will consider the employment history of the member of staff, any previous disciplinary warnings and any mitigating factors before making a decision on this. 8.9 If the Tribunal decides the disciplinary complaint is not upheld it may, where appropriate, recommend management action to address issues that have arisen. 8.10 If, without good cause, the member of staff does not attend the disciplinary hearing, the Tribunal shall proceed in his or her absence and it shall permit their representative, if in attendance, to present the case. 9. Disciplinary Decision 9.1 The Tribunal will make its decision giving reasons, which will be issued to the member of staff by the Head of HR Business Partnering (or nominee) in writing, normally within ten working days of the Tribunal decision. They will have the right of appeal and must make their appeal in writing within ten working days of the date of notification of the decision. If it is decided that no disciplinary action is appropriate, all papers relating to the alleged offence will be expunged from the personal record of a member of staff. 10. Disciplinary Sanctions A member of staff shall be advised of their right of appeal against any sanction imposed. The disciplinary sanctions available to the Disciplinary Tribunal are as follows: 10.1 Warnings:- (i) Oral Warning. A note will be held by the line manager and will normally remain active for six months. (ii) Written Warning A copy will be held on the HR file and will remain active for twelve months. (iii) Final Written Warning. A copy will be held on the HR file and will remain active for a maximum of twenty-four months. 10.2 If a warning is given, the member of staff will be given written notification of the duration of the warning and the consequences of any repetition or continuance of the offence that has given rise to the disciplinary action and an indication of the required action. 10.3 Further Action Short of Dismissal:- In circumstances where an offence is particularly serious but still falls short of warranting dismissal, the Tribunal may give consideration (subject to the provisions of clause 10 of Statute XIII), to other disciplinary action, in conjunction with a formal written warning, including: Withholding any forthcoming increment in salary. (ii) Suspension without pay (for up to three months), and (iii) Reduction in grade and/or loss of title. 10.4 The Tribunal may determine the conduct of a member of staff as constituting gross misconduct, such as to warrant summary dismissal without notice. Where the Tribunal has designated the conduct as gross misconduct such as to warrant summary dismissal, the Registrar and Chief Operating Officer or nominee shall forthwith dismiss the member of staff. In all other cases, the Registrar and Chief Operating Officer or nominee shall issue the notice of dismissal or dismiss together with payment in lieu of notice. (iii) Any dismissal, or notice of dismissal, shall be cancelled, withdrawn or modified if an Appeal Panel decides that the member of staff should not be dismissed or should only be dismissed with notice. 10.5 Clinical Academic staff - action under Part III or under Part IV may be taken against a member of clinical staff as defined in clause 18(1) of Statute XIII in respect of conduct or incapacity arising in connection with the clinical work or activities of a member of staff, as if the work or the activities were performed in and for the University. 11. Appeals Against Findings of the Disciplinary Tribunal 11.1 An appeal against the decision of the Disciplinary Tribunal may be made. The member of staff must lodge an appeal in writing, with the People and Culture Director, within ten working days of notification of the decision of the Disciplinary Tribunal. 11.2 The appeal must state the grounds on which it is made. 11.3 On receipt of an appeal the Head of HR Business Partnering (or nominee) will convene an Appeal Panel which shall consist of three persons drawn from the following lists, none of whom shall previously have had any involvement with the case and each of whom has consented to act: A Chair drawn from a list approved by the Senate (ii) One member drawn from a list agreed by the Academic Council in the instance of a Panel considering the case of a member of the academic or research staff, or a member of University Operating Board in the instance of a Panel considering the case of any other member of staff falling within the scope of Statute XIII. (iii) A member of staff nominated by the Registrar and Chief Operating Officer. 11.4 At Appeal Hearings involving allegations of equal opportunities or research misconduct, the respective panel may be supplemented to provide for relevant expertise. 11.5 Any relevant Health Trust or other relevant body may be represented on any Tribunal or Panel convened under this regulation to deal with a member of the clinical academic staff falling within clause 18(1) of Statute XIII and the panel shall be enlarged for this purpose. 11.6 The member of staff will be notified in writing, normally with five working days notice given of the date of the appeal hearing. Relevant documentation will be provided normally three working days prior to the appeal hearing. 11.7 They will also be notified of their right to be accompanied by a representative of a recognised trade union or University colleague. The hearing of the appeal should normally take place within twenty working days of the appeal being lodged. In exceptional circumstances, or by mutual agreement, this period may be extended. If the People and Culture Director has had direct involvement in the case, another appropriate representative will be nominated by the Registrar and Chief Operating Officer. 12. Appeal Hearing 12.1 The Appeal Hearing is not a re-hearing of the case put before the Disciplinary Tribunal unless that is necessary to remedy previous defects. The Appeal Panel is required to consider if the original decision was inappropriate on the grounds of appeal specified. Witnesses may be called only with the Appeal Panels permission. The Appeal Panel may vary the procedure in 12.2 below where it is considered appropriate to do so without unreasonably prejudicing the interests of the parties. 12.2 The procedure will be as follows: The member of staff or the representative will make submissions. The Appeal Panel may question the member of staff and the representative. The presenting officer for the Disciplinary Tribunal will make submissions. (iv) The Appeal Panel may then question the presenting officer for the Disciplinary Tribunal. (v) The member of staff or the representative will have the opportunity to make final submissions. (vi) The presenting officer for the Disciplinary Tribunal will have the opportunity to make final submissions. (vii) The parties will be invited to withdraw before the Appeal Panel considers its decision. 12.3 The member of staff should attend the Appeal Hearing, but the hearing may proceed in their absence where the Appeal Panel considers that such absence is unreasonable in the circumstances. 13 Appeal Decision 13.1 The Appeal Panel may confirm, increase, set aside or reduce any sanction imposed by the Disciplinary Tribunal. 13.2 Where the decision confirms the decision of the Disciplinary Tribunal, any sanction imposed will take effect from the date of the Disciplinary Tribunals decision. 13.3 Where the decision involves a variation of the disciplinary action, the Appeal Panel will state the operative date. 13.4 The Appeal Panels reasoned decision will be issued by the Head of HR Business Partnering (or nominee) in writing and shall normally be provided to the appellant within ten working days of the decision being reached 13.5 The decision of the Appeal Panel shall be final. 14.1 Confidentiality It is expected that all parties, including the member of staff, will respect the confidentiality of the procedure. Breach of confidence may compromise the integrity of the procedure and may be subject to disciplinary action.     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