Section 01
Purpose
The purpose of this policy is to set out the expectations for employee conduct and performance, and to provide a fair and consistent process for managing issues related to misconduct or lack of capability. It aims to support employees in meeting the standards required for their role while ensuring that any breaches of conduct or underperformance are addressed promptly and appropriately.
Section 02
Scope
This policy applies to all employees of We Are Care, including permanent, temporary, and contract workers. It covers issues related to both personal conduct (behaviour) and professional capability (performance).
Section 03
Legal framework
This policy complies with relevant UK employment laws, including:
- Employment Rights Act 1996
- Equality Act 2010
- ACAS Code of Practice on Disciplinary and Grievance Procedures
Section 04
Definitions
- Conduct: Refers to the behaviour expected of employees while performing their duties, both in terms of professionalism and compliance with workplace rules and standards.
- Capability: Refers to an employee's ability to perform the duties of their role to the required standard, including knowledge, skills, and physical or mental ability.
Section 05
Expectations of conduct
All employees are expected to:
- Follow We Are Care's policies and procedures.
- Behave in a professional and respectful manner toward colleagues, service users, and others.
- Maintain confidentiality and protect sensitive information.
- Adhere to health and safety guidelines.
- Avoid any form of discrimination, harassment, or bullying.
- Comply with all legal and regulatory requirements relevant to their role.
Section 06
Expectations of capability
All employees are expected to:
- Perform their job duties to a satisfactory standard.
- Demonstrate the necessary skills, knowledge, and competencies required for their role.
- Participate in relevant training and development activities.
- Seek support or guidance when needed to improve performance.
Section 07
Addressing misconduct
When an employee's conduct does not meet the required standard, the following steps will be taken:
Informal resolution
Where possible, issues related to minor misconduct will be addressed informally through discussion between the employee and their line manager. The aim is to provide guidance and support to improve behaviour without the need for formal action.
Formal disciplinary action
If informal resolution is not appropriate or does not result in improvement, formal disciplinary procedures may be initiated. This process may include:
- A formal investigation to gather facts.
- A disciplinary hearing where the employee can present their side of the story.
- A decision on whether disciplinary action (e.g., a written warning, final warning, or dismissal) is necessary based on the evidence.
Gross misconduct
In cases of serious misconduct (e.g., theft, violence, gross negligence), immediate suspension may be necessary while an investigation is conducted. Gross misconduct may result in summary dismissal without notice.
Section 08
Addressing capability issues
When an employee's capability (performance) does not meet the required standard, the following steps will be taken:
Support and guidance
The employee's line manager will work with them to identify areas for improvement and provide additional support, training, or resources as needed.
Performance review
A formal performance review may be conducted if the employee's capability does not improve. This may involve setting clear performance targets and timescales for improvement.
Capability hearing
If the employee's performance continues to fall short of expectations, a capability hearing may be arranged. The hearing will review the steps taken to support the employee and determine whether further action is necessary, which may include redeployment or dismissal.
Section 09
Investigation process
For both conduct and capability issues, We Are Care will conduct a thorough and impartial investigation before any formal action is taken. This investigation will involve gathering relevant evidence, interviewing witnesses (if necessary), and providing the employee with the opportunity to respond to the concerns raised.
Section 10
Appeals
Employees have the right to appeal any formal disciplinary or capability decisions. Appeals must be submitted in writing within a specified timeframe, and a separate manager or senior leader not involved in the original decision will review the appeal.
Section 11
Record keeping
Records of all discussions, investigations, and decisions related to conduct or capability issues will be maintained in the employee's personnel file. These records will be handled in accordance with data protection regulations (UK GDPR and DPA 2018).
Section 12
Confidentiality
All matters relating to conduct and capability issues will be handled confidentially. Information will only be shared with those directly involved in the process, and any breaches of confidentiality will be treated as misconduct.
Section 13
Training and development
Employees will be provided with regular training and development opportunities to ensure they have the skills and knowledge necessary to meet the expectations of their role. This includes mandatory training related to health and safety, safeguarding, and other job-specific requirements.
Section 14
Monitoring and review
This policy is reviewed monthly by the Baton Care Advisory Council on the first Thursday of each month, and revised in flight whenever there are changes in legislation, regulatory requirements, or best practices. Feedback from employees and managers will be considered to improve the effectiveness of the policy.
Section 15
Use of Baton
Baton-supported communications and evidence records form part of professional standards and auditability.