PURPOSE, OBJECTIVES & SCOPE
People play a vital part in the success of Trinity Church. This Policy has been developed to ensure that there is a strong management framework and key principles to help and encourage both members and people at work to maintain standards of conduct.
The purpose of the policy is to allow Leaders to deal effectively with members and employees when their conduct falls below acceptable standards. It provides an infrastructure of guidance and rules in which people can operate consistently, fairly and effectively, and should ensure that Trinity Church will comply with the relevant employment law.
Trinity Church will endeavour to meet its responsibility to provide clear direction and a safe, supportive environment in which members and employees can utilise their skills and abilities in their service to God.
OBJECTIVE
The success of Trinity Church depends on everyone operating together in an environment:
which features good working relationships
where our Values and Behaviours are consistently demonstrated
which values service
where people demonstrate commitment, competence and application to their employment.
All managers and leaders have a responsibility to give employees and members feedback about their behaviour and to counsel them about any difficulties, with the aim of seeking improvements without the need to use the disciplinary procedure. However, there may be occasions when due to the seriousness of the issues, or the repeated / persistent nature of the behaviour, disciplinary procedures must be followed.
SCOPE
The Conduct policy applies to all Trinity Church members and employees.
POLICY PRINCIPLES
Failure to follow our Christian beliefs and principles
Failure to keep membership rules
Failure to keep terms of a specific role or appointment e.g. Trustee
Bringing Trinity Church into disrepute
Failure to keep terms and conditions of employment
This Policy will also take into account other Trinity Church Policies such as Dignity and Diversity and Inclusion.
No disciplinary action will be taken against an employee or member until the case has been fully investigated.
No employee will be dismissed for a first breach of discipline, except in the case of gross misconduct for which an individual may be dismissed without notice or payment in lieu of notice.
An employee will have the right to appeal against any disciplinary penalty imposed. The procedure may be implemented at any stage if the employee’s alleged misconduct warrants such action.
It is the responsibility of Trinity Church Leadership Team to provide each employee with the Terms and Conditions of employment and appropriate guidance and support in order to do their jobs to the best of their capabilities.
It is the responsibility of Trinity Church Leadership Team to provide each officer with a role description and appropriate guidance and support in order to do their role to the best of their
capabilities.
It is the responsibility of Trinity Church Leadership Team to provide each member with the Terms and Conditions of membership and appropriate training, guidance and support in order to fulfil their membership responsibilities.
There is a clear responsibility on everyone to ensure an environment that is safe from harm of both a physical and psychological nature.
CONCURRENT PROCEDURES
In the event that an employee or member submits a grievance during a disciplinary procedure, the Church may at its discretion, decide whether to suspend that procedure in order to fully consider the grievance under its Dignity procedure, or to deal with both procedures concurrently, where the issues are related.
CONDUCT PROCEDURE
The Church will investigate, without delay, any allegation or indication of poor performance or misconduct. In some cases, this will require an investigatory meeting, held by a Church representative, to establish the true facts in the matter.
The Church may consider it necessary to suspend the employee on full pay pending investigation.
In the case of a member, the Church may consider it necessary to suspend the member from church attendance and meetings.
SUSPENSION
The Church may at any time suspend the employee for a reasonable period of time, during any period in which the Church is carrying out an investigation into any alleged acts or defaults of the employee. During any period of suspension, the employee shall continue to receive their salary and
contractual benefit. This is not disciplinary action, but a neutral act pending the outcome of the investigation.
INFORMING THE INDIVIDUAL
If, following the investigation, either misconduct or unsatisfactory performance is confirmed and it is felt that there is a case to answer, the individual will be asked to attend a formal meeting and will be notified in writing that disciplinary action may follow. This notification will contain sufficient information about the alleged misconduct or poor performance to allow the person time to prepare a response for any disciplinary hearing. It will also include any evidence gathered during the investigation, which supports the decision to take disciplinary action.
The person will be informed of the time, date and venue of the disciplinary hearing, and advised of their right to be accompanied e.g. by a colleague or trade union representative.
DISABILITIES
Consideration should always be given to whether poor performance may be related to a disability and, if so, whether there are reasonable adjustments that could be made to the employee’s working arrangements, including changing his/her duties or providing additional equipment or training. The Church may also consider making adjustments to this procedure in appropriate cases.
If the employee wishes to discuss this or inform the Church of any medical condition which they consider relevant, he/she should contact his/her supervisor or a member of the Leadership Team .
CONFIDENTIALITY
The Church’s aim is to deal with matters sensitively and with due respect for the privacy of any individuals involved. All employees and members must treat as confidential any information communicated to them in connection with a matter which is subject to this Conduct and Capability procedure.
The individual and anyone who accompanies them (including witnesses) must not make electronic recordings of any meetings or hearings conducted under this procedure.
The individual will normally be told the names of any witnesses whose evidence is relevant to their hearing unless the Church believes that a witness’s identity should remain confidential.
CAPABILITY PROCEDURE
If the Church considers that there are grounds for taking formal action over alleged poor performance, the employee will be required to attend a capability hearing. The Church will notify the employee in writing of its concerns over the individual’s performance, the reasons for those concerns, and the likely outcome if it decides after the hearing that the employee’s performance has been unsatisfactory.
The Church will also include the following where appropriate:
A summary of relevant information gathered as part of any investigation
A copy of any relevant documents which will be used at the capability hearing
A copy of any relevant witness statements, except where a witness’s identity is to be kept confidential, in which case the Church will give the employee as much information as possible while maintaining confidentiality.
The Church will give the employee written notice of the date, time and place of the capability hearing. The hearing will be held as soon as reasonably practicable, but the employee will be given a reasonable amount of time to prepare their case based on the information which the Church gives them. Wherever possible the Church will agree a mutually acceptable date and time.
RIGHT TO BE ACCOMPANIED AT HEARINGS
The employee may take a companion to any capability hearing or appeal hearing under this procedure. The companion may be either a trade union official or a fellow employee. The employee must tell the manager conducting the hearing who their chosen companion is, in good time before the hearing.
Employees are allowed reasonable time off from duties without loss of pay to act as a companion. There is no duty on employees to act as a companion if they do not wish to do so.
If the chosen companion will not be available at the time proposed for the hearing the employee may request that the hearing be postponed to a day not more than five working days after the day proposed by the Church. If the time proposed is reasonable, and the employee representative is able to attend, the hearing will be postponed until that time.
Whilst the companion may address the hearing and confer with the individual during the hearing, they do not have the right to answer questions on the part of the individual.
If the employee’s choice of companion is unreasonable the Church may require them to choose someone else, for example:
If in the Church’s opinion the employees’ companion may have a conflict of interest of may prejudice the hearing
If the employee’s companion works at another site and someone reasonably suitable is available at the site at which they work
If the employee’s companion is unavailable at the time a hearing is scheduled and will not be available for more than five working days
The Church may, at its discretion, allow the employee to take a companion who is not an employee or union official (for example, a member of his/her family) where this will help overcome a particular difficulty caused by a disability, or where the employee has difficulty understanding English.
THE PROCEDURE
Where possible, matters will be dealt with informally, where the matter is more serious either the capability or the disciplinary procedure will be used
CAPABILITY HEARINGS
The aims of a capability hearing will usually include:
setting out the required standards that we believe the employee may have failed to meet, and going through any relevant evidence that the Church has gathered
allowing the employee to ask questions, present evidence, call witnesses, respond to evidence and make representations
establishing the likely causes of poor performance including any reasons why any measures taken so far have not led to the required improvement
identifying whether there are further measures, such as additional training or supervision, which may improve performance
where appropriate, discussing targets for improvement and a time-scale for review
if dismissal is a possibility, establishing whether there is any likelihood of a significant improvement being made within a reasonable time and whether there is any practical alternative to dismissal, such as redeployment.
A hearing may be adjourned if the Church needs to gather any further information or give consideration to matters discussed at the hearing. The employee will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.
The Church will inform the employee in writing of its decision and its reasons for it, usually within one week of the capability hearing. Where possible the Church will also explain this information to the employee, in person.
STAGE 1: CAPABILITY HEARING – FIRST WRITTEN WARNING
Following a Stage 1 capability hearing if the Church decides that the employee’s performance is unsatisfactory, the employee will be given a first written warning setting out:
the areas in which he/she has not met the required performance standards
targets for improvement
any measures, such as additional training or supervision, which will be taken with a view to improving performance
a period for review
the consequences of failing to improve within the review period, or of further unsatisfactory
performance.
A first written warning may be authorised by the Supervisor or Manager. The warning will normally remain active for six months from the end of the review period after which time it will be disregarded for the purposes of the capability procedure. However, a permanent record of it will be placed on the employee’s personnel file.
The employee’s performance will be monitored during the review period and the Church will write to them to inform them of the outcome:
if the employee’s manager is satisfied with the employee’s performance, no further action will be taken
if the manager is not satisfied, the matter may be progressed to a Stage 2 capability hearing
if the manager feels that there has been a substantial but insufficient improvement the review
period may be extended.
STAGE 2: CAPABILITY HEARING – FINAL WRITTEN WARNING
If the employee’s performance does not improve within the review period set out in a first written warning, or if there is further evidence of poor performance whilst the employee’s first written warning is still active, the Church may decide to hold a stage 2 capability hearing.
The Church will send the employee written notification as set out above.
Following a Stage 2 capability hearing, if the Church decides that the employee’s performance is unsatisfactory, it will give the employee a final written warning, setting out:
the areas in which the employee has not met the required performance standards
targets for improvement
any measures, such as additional training or supervision, which will be taken with a view to improving performance
a period for review
the consequences of failing to improve within the review period, or of further unsatisfactory
performance
A final written warning may be authorised by Supervisor or Manager. A final written warning will normally remain active for twelve months from the end of the review period after which time it will be disregarded for the purposes of the capability procedure. A record of the warning will form a permanent part of the employee’s personnel record.
The employee’s performance will be monitored during the review period and the Church will write the employee to inform them of the outcome:
if the employee’s manager is satisfied with the employee’s performance, no further action will be taken
if the manager is not satisfied, the matter may be progressed to a Stage 3 capability hearing
if the manager feels that there has been a substantial but insufficient improvement the review
period may be extended.
STAGE 3: CAPABILITY HEARING DISMISSAL OR REDEPLOYMENT
The Church may decide to hold a stage 3 capability hearing if we have reason to believe:
the employee’s performance has not improved sufficiently within the review period set out in a final written warning
the employee’s performance is unsatisfactory while a final written warning is still active
the employee’s performance has been grossly negligent such as to warrant dismissal without the need for a final written warning.
The Church will send the employee written notification of the hearing as set out above.
Following the hearing, if the Church finds that the employee’s performance is unsatisfactory, the Church may consider a range of options including:
dismissing the employee;
redeploying the employee into another suitable job at the same or a lower grade
giving a final written warning (where no final written warning is currently active).
The decision may be authorised by the Leadership Team. Dismissal will normally be with full notice or payment in lieu of notice, unless the employee’s performance has been so negligent as to amount to gross misconduct, in which case the Church may dismiss the employee without notice or any pay in lieu.
APPEALS AGAINST ACTION FOR CAPABILITY.
If the employee feel that a decision about capability under this procedure is wrong or unjust he/she should appeal in writing, stating his/her full grounds of appeal, to the Leadership Team, within one week of the date on which he/she was informed in writing of the decision.
If the employee is appealing against dismissal, the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However, if the employee’s appeal is successful he/ she will be reinstated with no loss of continuity or pay.
If the employee raises any new matters in his/her appeal, the Church may need to carry out further investigation. If any new information comes to light the Church will provide the employee with a summary including, where appropriate, copies of additional relevant documents and witness statements. The employee will have a reasonable opportunity to consider this information before the hearing.
The employee will be given written notice of the date, time and place of the appeal hearing. This will normally be two to seven days after they receive the written notice.
The appeal hearing may be a complete re-hearing of the matter or it may be a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light. This will be at the Church’s discretion depending on the circumstances of
the employee’s case. In any event the appeal will be dealt with as impartially as possible. Where possible, the appeal hearing will be conducted by a Trustee who was not previously involved in the case and the manager who conducted the capability hearing will also usually be present. The employee may take a companion with them to the appeal hearing.
A hearing may be adjourned if the Church needs to gather any further information or give consideration to matters discussed at the hearing. The employee will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.
Following the appeal hearing the Church may:
confirm the original decision
revoke the original decision
substitute a different penalty.
The Church will inform the employee in writing of its final decision as soon as possible, usually within one week of the appeal hearing. Where possible this will also be explained to the employee in person. There will be no further right of appeal.
DISCIPLINARY HEARINGS
At the meeting the following procedure will be followed:
STATEMENT OF COMPLAINT
The Church will set out what the complaint against the employee is and go through the evidence gathered during the course of the investigation.
THE EMPLOYEE’S REPLY
The employee will be given the opportunity to state their case and respond to any allegations made. The employee will be allowed to ask questions and confer with their companion. If the employee accepts that they have done something wrong, steps may be agreed to remedy the situation.
GENERAL QUESTIONING AND DISCUSSION
The person responsible for conducting the meeting may ask the employee for an explanation and query whether there are any special circumstances which should be taken into account. If the employee provides sufficient explanation, the proceedings will be brought to a close. If new facts occur at this stage, it may be appropriate for the Church to adjourn the meeting and investigate the matter further before calling the employee back to an adjourned meeting.
SUMMING UP
At this stage the person responsible for holding the disciplinary meeting may summarise the main points of discussion. The employee will be given the opportunity to add anything further.
ADJOURNMENT BEFORE DECISION
The meeting will be adjourned before a decision is made about the appropriate action. Following the meeting, a decision will be made as to whether or not disciplinary action is justified. Once a decision is made, the employee will be informed in writing.
Before deciding what, if any, disciplinary action is appropriate, consideration will be given to:
whether the organisation’s rules indicate clearly the likely penalty, as a result of the particular misconduct
whether standards of other employees are acceptable, and whether the employee in question is not being singled out
the employee’s disciplinary record (including current warnings), general work record, work experience, position and length of service
the reasonableness of the proposed penalty in the circumstances
whether training, additional support or adjustments to the work are necessary to accompany any disciplinary action.
The employee will be given details of any disciplinary action as soon as a decision is made.
IMPOSING THE DISCIPLINARY PENALTY
FIRST FORMAL ACTION – UNSATISFACTORY PERFORMANCE
In such cases, the employee will be given an “IMPROVEMENT NOTE” setting out:
the performance problem
the improvement that is required
the timescale for achieving that improvement
a review date
any support, including any training that the Church will provide to assist the employee.
The employee will be informed that the note represents the first stage of a formal procedure and is equivalent to a first “written warning”. The employee will also be informed that failure to improve could lead to a final written warning and dismissal.
A copy of the note will be kept and used as the basis for monitoring and reviewing performance over a specified period.
If the employee’s unsatisfactory performance, or continued unsatisfactory performance, is sufficiently serious (e.g. where it is having / likely to have a serious harmful effect of the organisation) the employee may be issued directly with a final written warning.
FIRST FORMAL ACTION – MISCONDUCT
In cases of misconduct, depending on the seriousness of the misconduct, the employee may be given a FIRST WRITTEN WARNING setting out the nature of the misconduct and the change in behaviour required.
The warning will also inform the employee that a final written warning may be considered if there is further misconduct. A record of the warning will be kept by the Church but it will be disregarded for disciplinary purposes after 12 months.
FINAL WRITTEN WARNING
Following the issue of a written warning, if there is still a failure to improve and conduct or performance remains unsatisfactory, or if the misconduct is sufficiently serious to warrant only one written warning, a FINAL WRITTEN WARNING will be given to the employee. This will give details of the complaint and will warn that dismissal will result if there is no satisfactory improvement, or if further misconduct occurs. The final written warning will advise the individual of the right of appeal. A copy of this final written warning will be kept by the Church but it will be disregarded for disciplinary purposes after 12 months (in exceptional cases the period may be longer) subject to satisfactory conduct and performance.
DISMISSAL
If conduct or performance is still unsatisfactory and the employee still fails to reach the prescribed standards, DISMISSAL will normally result. The employee will be provided as soon as reasonably practicable with written reasons for dismissal, the date on which employment will terminate and advised of their right of appeal within a specified time
GROSS MISCONDUCT
The following list is not exhaustive but provides examples of offences which are normally regarded as gross misconduct:
verbal, physical, sexual or financial abuse of members of the Church
theft, fraud, deliberate falsification of records
serious breach of confidentiality
fighting, assault on another person or bullying
deliberate damage to the Church’s property
serious incapability at work through alcohol or being under the influence of illegal drugs
serious negligence which causes unacceptable loss, damage or injury
serious act of insubordination
serious misuse of the Church’s property
bringing the Church into serious disrepute
a serious breach of health and safety rules
a serious breach of confidence
failure to adhere to the BUGB Declaration of Principle or the Five Core Values required of all members of the Church (if applicable)
deliberately accessing internet sites containing offensive or obscene material
unlawful discrimination or harassment
failure to maintain one’s personal life in accordance with a good Christian testimony (if applicable)
breach of the Code of Conduct.
If the employee is accused of an act of gross misconduct, the employee may be suspended from work on full pay, while the Church investigates the alleged offence and pending the outcome of any disciplinary hearing. If, on completion of the investigation and a subsequent disciplinary hearing, the Church is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
APPEALS
An employee who wishes to appeal against a disciplinary decision should put their decision to appeal and the grounds of their appeal in writing to the Leadership Team within five working days of the date they were first notified of the decision. The employee has the statutory right to be accompanied by a colleague or a trade union representative to an appeal meeting.
The appeal will be heard by the Leadership Team whose decision, following prayer and deliberation on God’s will and the best interest of Trinity Church and its members, shall be final, subject to any overriding decision of a Congregational Meeting. The employee will be informed in writing of the outcome of the appeal hearing as soon as possible. This will usually be within 10 working days.
Approval and Version Control
Status: Approved
By: Trinity Church Leadership Team
Signed:
P Lambert Trinity Rawdon Administrator
Version Review Date: 28.10.24