How to....... MANAGING DISCIPLINARIES CONDUCT FORMAL MEETINGS Introduction Bupa has a number of formal procedures which will usually take place under one of the following policies: Writing to the employee Anti-harassment and bullying Disciplinary Grievance Managing performance Redundancy Speak up These guidance notes should be used in conjunction with the above policies and the advice of the Manager Advisory Services team. How to arrange a formal hearing The below checklist is for guidance purposes only. Prepare Write to employee Consider and confirm Template letters are available for you to use to invite an employee to attend a formal meeting. The Manager Advisory Services team is also able to review your invitation once you have drafted it. They can be contacted on 0161 931 7500. Confirming attendance with the employee Preparing for a formal hearing Arrange a suitable date and time to meet with the employee. Typically, this will be during their working hours, although if they work nights this may not be possible. As well as booking a main meeting room, consider the need to organise separate private spaces to which other relevant parties, (e.g. the employee and their representative), may adjourn. Arrange a note-taker to attend the meeting if at all possible. Where there is a serious clinical breach with the potential for the employee to be ‘struck off’, you should condier ensuring that the note-taker is professionally qualified. Prepare the invitation. Where practicable, ensure at least 48 hours’ written notice of the meeting has been given to the employee prior to date of hearing. If it becomes necessary to reschedule the meeting, send out a further letter notifying the employee as to the new arrangements. Ideally, it should be re-scheduled within three of the employee’s working days. It is usual practice to go ahead in an employee’s absence if they do not attend the second arranged meeting. However, your intention to do this must have been conveyed in the letter which re-arranges the meeting. Ensure that any requests for special adjustments (such as a reader for a dyslexic employee) have been actioned. Ensure confirmation is gained from the employee as to their ability to attend the hearing and confirm if they will be accompanied to the hearing. Print a copy of a template checklist (available on OnePlace) to use during the meeting, if required. Review the appropriate documentation that you have received (e.g. investigation report and appendices/grievance letter) and plan your questioning. How to chair a formal hearing The below checklist is for guidance purposes only. 1 Introductions Outline procedure Explore the issue Close and conclude Record Introductions Introduce those present and their roles. If the employee is not accompanied, explain that they were offered the right to be accompanied. If the employee has chosen not to be accompanied, mention this in the notes of the meeting. If the employee is accompanied, confirm the role of the companion, i.e. that they will be able to address the hearing in order to sum up the case, ask questions, and confer with the employee. However, the representative will not be able answer questions on behalf of the employee. Confirm with the employee that they have received the letter notifying them of the meeting and any associated documentation. Confirm with the employee that they understand that it is a formal hearing (under the relevant procedure). Closing the meeting Outlining the procedure Advise on the procedure. Confirm documentation provided, such as the grievance letter or investigation report. Advise that any party can request an adjournment at any time. Identify the location of any separate rooms available to provide the parties with private space during these adjournments. Advise that the note-taker will take summary notes to support your consideration. Should the employee want a summary of these notes, these can be provided on request. Advise that both the employee and their representative would be welcome to make their own notes. Make sure this offer goes in the notes. Respond to any procedural concerns/queries that may arise. Exploring the issue Invite the employee to explain their case. If it is a complaint, attempt to understand what remedy they are seeking. Try to gain a full understanding of the case, raising all questions necessary to clarify any points in relation to the information/ evidence submitted or already gained via investigation. Provide the employee/ their representative with the opportunity to sum up their case. After the employee has explained their case and the main questioning has been completed, consider whether to pause the meeting to give all the opportunity to review what has been said. During this time, also consider whether there is anything you wish to clarify or the employee wishes to add before closing the meeting. If you are unable to make a decision at the time because further information/time is required, inform the employee as to when they can expect written notification of the decision (or if further action is deemed necessary, what this would entail). When closing the meeting, ensure that the employee (and their representative) understands what is going to happen. Explain that the employee will receive confirmation/notification of your decision in writing usually within seven working days. You are able to discuss your decision making process with the Manager Advisory Services team following any formal meeting Recording the meeting Record summary of the discussions, (including any pertinent points, agreed actions, outcomes and recommendations). Ensure that the records are factual, unambiguous and constructive (assume that the employee may see these). Write to employee summarising the outcome of the meeting and any next steps (if appropriate). There are template letters available on OnePlace for writing to the employee after the meeting. The Manager Advisory Services team is able to review your letter prior to this being sent to the employee. Written outcomes should be sent to the employee Appeals with seven working days of the formal meeting. 2 In line with our policies and procedures, employees are able to appeal any written warnings or outcomes in relation to concerns formally raised. How to chair an appeal hearing The below checklist is for guidance purposes only. The checklist is for guidance purposes only. Introductions Prepare Write to employee Consider and confirm Outline procedure Explore the issue Close and conclude Record Introductions Preparing for an appeal An impartial (and, where practicable, more senior) manager should hear any appeal. The appeal manager should arrange a suitable date and time to meet with the employee to chair their appeal meeting. An appropriate meeting room should be booked, along with a separate private space to which an employee and their representative may adjourn. Arrange a note-taker to attend the meeting if possible Writing to the employee The appeal manager should write to employee using the appeal invitation letter template. Where practicable, they should ensure that the employee has at least 48 hours’ written notice of the meeting. If it becomes necessary to reschedule the meeting, send out a further letter notifying the employee of the new arrangements. It is usual practice to go ahead in an employee’s absence if they do not attend the second arranged meeting. However, your intention to do this must have been conveyed in the letter which re-arranges the appeal. Confirming attendance with the employee Ensure that any requests for special adjustments (such as a reader for a dyslexic employee) have been actioned. Gain confirmation from the employee of their ability to attend the appeal hearing and whether they will be accompanied. Introduce those present and their roles. Confirm with the employee that they have received the letter notifying them of the appeal hearing and any associated documentation. Advise that any questions, comfort breaks and adjournments requests should be directed to you. Identify the location of the rooms available to the employee and their representative to be used, should any adjournments be required. Confirm that the appeal hearing is a result of the previous decision reached by a manager and that the appeal will be heard in line with the relevant policy. Usually, you will re-affirm that the appeal process is not an opportunity for a re-hearing of the original decision. Rather, it is a chance to consider the grounds of their appeal (e.g. whether the previous decision was fair, whether any new facts ought to be considered and/ or whether the procedure used to date has been reasonable). Occasionally, a re-hearing may be appropriate, for instance if there is an allegation that the original hearing was biased. Advise that your decision will be made after the hearing, either following a brief adjournment or after closing the hearing if you require more time to consider the case and complete any further investigations. Usually, the outcome will be confirmed in writing within ten days of the hearing. Outlining the procedure at the appeal Advise on the procedure. If the employee is accompanied, confirm the role of the companion, i.e. that they will be able to address the hearing in order to sum up the case, ask questions on the employee’s behalf, and confer with the 3 employee. However, the representative will not be able answer questions on behalf of the employee. If the employee is not accompanied, explain that they were offered the right to be accompanied. If the employee has chosen not to be accompanied, mention this in the notes of the meeting Advise that it is the employee’s responsibility to draw to your attention to all relevant documentary evidence that should be considered in relation to their grounds for appeal. Explain that anything that does not relate to the grounds for appeal, or which isn’t directly referenced by the employee, will not be taken into consideration for the purpose of this procedure. Advise that the note taker will take notes to support your consideration. Should the employee want a summary of these notes, they can be provided on request. Advise that both the employee and their representative are welcome to make their own notes. Respond to any procedural concerns/queries that may arise. Running order The outcome of the appeal hearing should be confirmed to the employee in writing, usually within ten days of the hearing. There are template appeal letters, which you are able to use to write to an employee following the meeting. The Manager Advisory Services team is able to review your letter prior to this being sent to the employee. Written outcomes should be sent to the employee with ten days of the formal meeting. Other relevant information Bupa UK Anti-harassment and bullying policy; Bupa UK Managing performance policy; Bupa UK Disciplinary policy; Bupa UK Grievance policy; Bupa UK Speak up policy; Bupa UK redundancy policy; How to conduct investigations; How to make reasonable adjustments; and How to conduct informal meetings. Invite the employee to present their case and advise you of anything that they want you to consider as part of their appeal. Ask questions/ seek clarification as necessary. The employee (or their representative) will be given an opportunity to make a closing statement. Adjourn to consider your decision. Adjournment and decision If you are unable to make a decision at the time because further information is required, inform the employee as to when they can expect written notification of the decision (or if further action is deemed necessary, what this would entail) Close the hearing, ensuring that everyone understands what is going to happen. You then consider the case and make a decision if you haven’t already done this during an adjournment 4
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