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EAST LOTHIAN COUNCIL DISCIPLINARY PROCEDURE (COVERING ALL EMPLOYEES EXCEPT THE CHIEF EXECUTIVE, DIRECTORS, HEADS OF SERVICES AND TEACHING STAFF)


1.      INTRODUCTION
1.1     All Council and the Trade Unions agree that discipline is essential for the conduct of the Council's affairs and for the safety and well-being of all employees. It is further agreed that disciplinary rules and procedures are necessary for promoting fairness and order in the treatment of individuals and in the conduct of industrial relations.
1.2     This procedure takes full account of the provisions contained within the various Schemes of Pay and Conditions of Service as applied to employees of the Council. The procedure also reflects the guidance contained within the ACAS Code of Practice on Disciplinary Practice and Procedures in Employment.
1.3     Within the limitation of powers delegated by the Council the Director or Head of Service shall be responsible for the management and discipline of the Department. A Director or Head of Service may delegate authority within the terms of this procedure to Nominated Officers who may issue verbal or written warnings or take punitive disciplinary action as defined in paragraph 7.2 of this procedure. A list of Officers (by designation) so authorised shall be produced and made available to the Trade Unions.
2.     
COUNSELLING
2.1     It is accepted by the Council and the Trade Unions that this procedure should be viewed as a means of encouraging an improvement in an individual's conduct or performance and not as merely a method of applying sanctions. It is further accepted that supervisors play an important role in the day-to-day management of employees and should seek to deal with minor lapses in conduct or performance through informal counselling in the first instance.
2.2     Counselling should normally be a one-to-one discussion between an employee and his/her supervisor. During counselling the supervisor should discuss with the employee the required standards, the manner in which the employee has failed to meet those standards and the possible reasons for that failure. The supervisor should indicate clearly to the employee the improvement required and should consider taking other action which might assist the employee to achieve this improvement e.g. closer supervision, additional training etc. Counselling does not form part of the formal disciplinary procedure and therefore no formal warnings can be given.

2.3     No record of counselling interviews will be kept on the employee's personal file. The supervisor shall however make a personal record showing the date of and reason(s) for the counselling interview and shall inform the employee accordingly.
2.4     Where counselling does not result in the required improvement or where the alleged failure to meet the required standards is considered to be of a more serious nature, the formal procedure should be followed.
3       DISCIPLINARY PROCEDURE - GENERAL
3.1     Whenever formal disciplinary action is being contemplated the points of Procedure set down in paragraphs 3.2 - 3.5 shall be adhered to.

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