The council recognises that discipline is necessary to assist in the effective delivery of services. Disciplinary rules and procedures are intended to promote fairness and consistency in the treatment of employees and in the conduct of employee relations. Rules set standards of conduct at work; procedures help to ensure that these standards are adhered to and provide a fair method of dealing with alleged failures to observe them. The disciplinary procedure should not be regarded primarily as a means to impose sanctions. Its principal aim is to encourage improvement in conduct. In operating this procedure, the following principles will be observed from the full Disciplinary Procedure (AJNCT/11):
Disciplinary rules and procedures are necessary for promoting orderly employment relations as well as fairness and consistency in the treatment of individuals. They enable organisations to influence the conduct of workers and deal with problems of poor performance and attendance, thereby assisting organisations to operate effectively. Rules set standards of conduct and performance at work; procedures help ensure that the standards are adhered to and also provide a fair method of dealing with alleged failures to observe them.
All teachers will be made aware of the standards of conduct and performance expected of them. In particular teachers will be made aware of what constitutes gross misconduct (see appendix 1). All problems involving minor misconduct and poor performance should be dealt with, at least in the early stages, through the use of informal advice, guidance and counselling. It is essential that all problems of this nature are fully discussed and that support is provided with the objective of encouraging and helping teachers to improve. It is essential also that teachers are aware that support and counselling are available at all times even where it has been necessary to take disciplinary action under the procedures.
Disciplinary procedures must comply with ACAS Code of Practice (No 1) “Disciplinary and Grievance Procedures”. Where the concern relates to the performance of an individual’s teaching the procedures must comply with the General Teaching Council Scotland Code of Practice on Competence. Where the concern relates to the performance of an administrative or managerial function of a promoted post the procedures must comply with similar principles and processes as contained in the current GTCS Code of Practice of Teacher Competence.
If formal disciplinary process is considered necessary, the agreed procedure will comply with the following principles: The initiation of disciplinary actions/sanctions will be accompanied by appropriate support mechanisms. No disciplinary action will be taken until the matter has been fully investigated and any decision, thereafter, to impose a disciplinary sanction must not be taken by the person who conducted the initial investigation. In addition any appeal will not be heard by the same person who issued the disciplinary sanction. Apart from gross misconduct, no teacher will be dismissed for the first breach of discipline. There will be a right of appeal against all disciplinary sanctions. No disciplinary action will be initiated against a trade union representative until the matter has been discussed with a full-time official of the union concerned. A teacher will have the right to be represented at all stages of the disciplinary process, including investigatory meetings.
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