Staff Disciplinary Policy
1. Purpose and Scope
This procedure is designed to help and encourage all Bijou nursery employees to achieve and maintain standards of conduct, attendance and job performance. This procedure applies to all employees. The aim is to ensure consistent and fair treatment for all Bijou employees.
Informal counselling will be offered, where appropriate, to resolve problems. No formal disciplinary action will be taken against an employee until the case has been fully investigated. At every formal stage in the procedure the employee will be advised in writing of the nature of the complaint against them, will be invited to attend a disciplinary meeting and will be given the opportunity to state their case before any decision is made.
At all formal stages of the procedure the employee will have the right to be accompanied at any disciplinary meeting by a trade union representative, or work colleague.
If an employee's chosen companion is unable to attend on the meeting date every effort will be made to reorganise the meeting within a reasonable time frame to enable the companion to attend. An employee will have the right to appeal against any discipline imposed.
The procedure may be implemented at any of the stages detailed below if the employee's alleged misconduct warrants such action (for example if the misconduct is serious Stage 2 of the procedure may be applied rather than Stage1). The procedure also may be varied if the employee has a short length of service.
However, the following minimum three-step statutory procedures will be followed in any event if an employee faces dismissal or certain kinds of action short of dismissal such as loss of pay or demotion:
Step one: a written note to the employee setting out the allegation and the basis for it
Step two: a meeting to consider and discuss the allegation
Step three: a right of appeal including an appeal meeting. The employee will be reminded of their right to be accompanied at the disciplinary meeting and appeal.
3. The Procedure Stage 1
First warning: unsatisfactory performance
If performance does not meet acceptable standards the employee will normally be invited to a meeting to discuss their performance and the areas of performance that are not meeting the required standards. The employee will be given an opportunity to state their case at this meeting before any decision is made. If the organisation's concerns in this area are not addressed, the employee will be issued with a first warning. This will set out the performance problem, the improvement that is required, the timescale and any help/training that may be given. The employee will be advised that it constitutes the first stage of the formal procedure and will be given the right to appeal. The warning should also inform the employee that further disciplinary action may be considered if there is no sustained satisfactory improvement or change. The first warning will recorded on the employee's personnel file but will be disregarded for disciplinary purposes after 6 months, subject to achievement and sustainment of satisfactory performance.
Stage 1: First warning: misconduct
If the conduct does not meet acceptable standards the employee will normally be given a written warning. This will set out the nature of the misconduct and the change in behaviour required. The individual will be advised that it constitutes the first stage of the formal procedure and will be given the right to appeal. The warning should also inform the employee that further disciplinary action may be considered if there is no sustained satisfactory improvement or change. A record of the warning will be kept on the employee's personnel file, but it will be disregarded for disciplinary purposes after 6 months subject to achievement and sustainment of satisfactory conduct.
Stage 2: Final written warning
If the offence is sufficiently serious, or there is a failure to improve during the currency of a prior warning for the same type of offence, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It should also warn that failure to improve may lead to action under Stage 3 (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 the employee's personnel file but will be disregarded for disciplinary purposes after 12 months subject to achievement and sustainment of satisfactory conduct or performance.
Stage 3 - dismissal or other sanction If there is still a failure to improve, the final step in the procedure may be dismissal or some other action short of dismissal such as demotion or transfer. Dismissal decisions can only be taken by a creche Director.
The employee will be provided, as soon as reasonably practicable, with confirmation of the decision taken, the date on which the employment will terminate/the decision will take effect, and the right of appeal.
The following list provides examples of offences which are normally regarded as gross misconduct. This list is not exhaustive and should not be read so as to limit the organisation's right to treat other types of misconduct as 'gross' in appropriate cases. Every case should, and will, be looked at on its merits:
Unlawful discrimination, violent, abusive, insulting, intimidating, harassing, indecent or unethical behaviour towards another employee, consultant, customer or supplier
Dishonesty, theft or serious commercial malpractice
Serious misuse of, or damage to, the resources of or property of the Company or of another employee
Serious misuse of, or damage to, the Company's systems including, telephone, internet and e-mail systems
Deliberate or serious failure to adhere to confidentiality, security, health, safety, or other Company rules or procedures.
Making statements prior to commencing employment that are subsequently discovered to be false
Refusal to carry out duties or failure to observe a reasonable management instruction
Serious breaches of professional conduct
Any criminal conviction other than minor motoring offences
Falsification of records including but not limited to expense claims and self-certification forms
Unauthorised absence, gross negligence in performance of duties or gross incompetence
Unauthorised acceptance of gifts
Intoxication by reason of drink or non-prescribed drugs.
Unauthorised presence on the Company's premises
If an employee is accused of an act of gross misconduct, they 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 satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
If at any time, the management team believes a member of staff has acted unreasonably and breached their contract, then we reserve the right to dismiss that member of staff with immediate effect.
An employee who wishes to appeal against a disciplinary decision must do so in writing within five working days, clearly stating the grounds on which they wish to appeal. The nursery Director will hear all appeals and their decision is final. The employee will have the right to be accompanied at the appeal by a trade union representative or work colleague. At the appeal any disciplinary penalty imposed will be reviewed.
Equal Opportunities Policy
All staff, children and parents have equal access to the same opportunities that our nursery offers and provides and are treated with equal concern and respect.
Aims and objectives
We do not discriminate against anyone, staff or child, on the grounds of his/her sex, race, colour, religion, nationality, age, ethnic or national origins.
This is in line with the 1976 Race Relations Act and covers both direct and indirect discrimination.
Bijou nursery works in accordance with all relevant legislation, including:
Disabled Persons Acts 1958, 1986
Race Relations Act 1976
Sex Discrimination Act 1986
Children Act 1989 & 2004
Human Rights Act 1998
The Employment Equality Age Regulations 2006
We promote the principles of fairness and justice for all through the care and education that we provide in our Nursery. We ensure that all children have equal access to the full range of educational opportunities provided by the nursery.
We constantly strive to recognise and then remove any forms of indirect discrimination that may form barriers to learning. We ensure that all medical, cultural and dietary needs will be met. We ensure that all recruitment, employment, promotion and training systems are fair to all, and provide opportunities for everyone to achieve. We challenge stereotyping and prejudice whenever it occurs.
We celebrate the cultural diversity of our community and countries, and demonstrate respect for all minority groups. We are aware that prejudice and stereotyping is caused by low self-image and ignorance. Through positive educational experiences and for each individual's point of view, we aim to promote positive social attitudes and respect for all.
It is the right of all children to receive the best care and education the nursery can provide, with access to all activities organised by the setting. We do not tolerate any forms of racism or racist behaviour. Should a racist incident occur, we would act immediately to prevent any similar repetition. (Procedures to include speaking with parents, recording the incident in the Incident Book, devising action plan if needed, or filing an incident report to LEA).
We endeavour to make our nursery welcoming to all. We promote an understanding of different cultures through the topics studied by the children (as mentioned in other policies) which are reflected in our acts of celebration, and displays of learning shown in the nursery.
Our curriculum reflects the attitudes, values and respect that we have for minority ethnic groups. We will celebrate a variety of religious festivals including those of Christianity, Judaism and Islam. Should anyone at our nursery be a victim of racism, we will do all we can to support that person in overcoming any difficulties s/he may experience.
The role of the registered care providers
The registered care providers have set out their commitment to equal opportunities in this policy statement, and will continue to do all they can to ensure that all members of the nursery community are treated fairly and with equality.
The registered care providers seek to ensure that people with disabilities are not discriminated against when applying for jobs at our nursery. They take all reasonable steps to ensure that the nursery environment gives access to people with disabilities. (See Inclusion Policy) The registered care providers welcome all applications to join the nursery, whatever background or disability a child may have.
The registered care providers ensure that no child is discriminated against whilst in our creche on account of his/her gender, religion or race. All children have access to the full range of the Foundation Phase curriculum and have access to a range of activities encouraging the learning of differences and diversity.
The role of the nursery manager
It is the manager's role to implement the nursery equal opportunities policy supported by the registered care providers and all staff in so doing.
It is the manager's role is to ensure that all staff are aware of the nursery policy on equal opportunities, and that they apply these guidelines fairly in all situations. The manager ensures that all appointment panels give due regard to this policy, so that no-one is discriminated against when it comes to employment or training opportunities.
The manager promotes the principle of equal opportunity when developing the curriculum, and promotes respect for other people in all aspects of nursery life. The manager treats all incidents of unfair treatment and any racist incidents with due seriousness.
The role of the nursery practitioner
The nursery practitioner ensures that all children are treated fairly, equally and with respect. We do not discriminate against any child.
When selecting room materials, practitioners pay due regard to the sensitivities of all members of the room and do not provide material that is racist or sexist in nature.
Practitioners strive to provide material that gives positive images of ethnic minorities and that challenges stereotypical images of minority groups. All practitioners challenge any incidents of prejudice or racism and draw them to the attention of the nursery manager.
Monitoring and review
It is the responsibility of the managers to monitor the effectiveness of this Equal Opportunities policy. The managers do this by:
monitoring the progress of children of minority groups and comparing it to the progress made by other pupils in the nursery;
monitoring the staff appointment process, so that no-one applying for a post at this nursery is discriminated against;
taking into serious consideration any complaints regarding equal opportunity issues from parents, staff or pupils;
monitoring the nursery behaviour and exclusions policy, so those pupils from minority groups are not unfairly treated.
Any complaints will be dealt with in accordance with our Concerns, Complaints and Compliments Policy.
Procedure Stage 1
If any parent should have cause for concern or any queries regarding the care or early learning provided by the nursery, they should in the first instance take it up with the child's key worker or a senior member of staff/room leader.
If the issue remains unresolved or parents feel they have received an unsatisfactory outcome, then they must present their concerns in writing as a formal complaint to the nursery manager. The manager will then investigate the complaint and report back to the parent within 7 days. The manager will document the complaint fully and· the actions taken in relation to it in the complaints log book.
(Most complaints are usually resolved informally at stage 1 or 2.)
If the matter is still not resolved, the creche will hold a formal meeting between the manager, parent and the senior staff member to ensure that it is dealt with comprehensively. The nursery will make a record of the meeting and document any actions. All parties present at the meeting will review the accuracy of the record, and be asked to sign to agree it and receive a copy. This will signify the conclusion of the procedure.
If the matter cannot be resolved to their satisfaction, then parents have the right to raise the matter with CIW. Parents are made aware that they can contact CIW at any time they have a concern, including at all stages of the complaints procedure and are given information on how to contact them. CIW is the registering authority for nurseries in Wales and investigates all complaints that suggest a provider may not be meeting the requirements of the nursery’s registration. It risk assesses all complaints made and may visit the nursery to carry out a full inspection where it believes requirements are not met.
A record of complaints will be kept in the creche. The record will include the name of the complainant, the nature of the complaint, date and time complaint received, action(s) taken, result of any investigations and any information given to the complainant including a dated response.
Parents will be able to access this record if they wish; however, all personal details relating to any complaint will be stored confidentially and will be only accessible by the parties involved. CIW inspectors will have access to this record at any time during visits to ensure actions have been met appropriately.
Contact details for the CIW:
To raise a concern:
Phone : 0300 7900 126
Write to CIW:
Care Inspectorate Wales
Rhydycar Business Park
For general enquiries:
Llandudno Junction Telephone:
0300 7900 126
0872 437 7301
Care Inspectorate Wales
Welsh Government Office
0300 7900 126
0872 437 7302
Care Inspectorate Wales
Welsh Government Office
Rhydycar Business Park
0300 7900 126
0872 437 7303
Care Inspectorate Wales
Parents will also be informed if the nursery becomes aware that they are going to be inspected and after inspection will provide a copy of the report to parents and/or carers of children attending on a regular basis.
We will adopt this policy for all children within our setting across all age groups up to age 8.
This policy was adopted on March 2019, Date for review March 2020.