We do not tolerate bullying or harassment, and any complaints will be taken seriously and dealt with under the grievance procedure and/or as gross misconduct. Further details on what constitutes bullying and harassment can be found on the gov.uk link: https://www.gov.uk/workplace-bullying-and-harassment
The following policies apply to you and you will need to ensure that you are familiar with them, as any breach may result in disciplinary action, including a gross misconduct dismissal – it is that serious, so please do read them as soon as you can!
Informal process: We would hope that most complaints can be dealt with informally. If you want help mediating a conflict, speak to your manager or HR. If your complaint concerns your manager, speak to their manager or the talent and organisational excellence team.
We follow the ACAS code of practice for formal grievances. Please find further information here.
If you wish to make a protected disclosure, you can find further advice what that means and what protection it offers you here. We would hope that you would be able to inform a member of the exec team, or a trustee, before going outside of the organisation. If you make a protected disclosure, as set out on the gov.uk website, we will ensure that you are not put at a detriment.
We follow the ACAS code of practice on disciplinary and grievance procedures, which sets out what we must do to ensure the process is fair. Further information can be found here.
The definitions we use to distinguish misconduct from gross misconduct are as follows:
Misconduct: where an employee’s actions are such that they fall outside of what is generally, and reasonably agreed to be acceptable standards.
Gross misconduct: where an employee behaves in such a way that we cannot reasonably be expected to allow that behaviour or action to be repeated, for example, Illegal activities, serious breach of our policies, gross negligence, serious insubordination, or offensive behaviour.
Unfortunately, if your performance doesn't meet the level required for your role, and informal attempts to help your performance improve don't work, you will be subject to the performance management process.
This closely follows the three-step process under the misconduct procedure, but with performance review meetings, and first and final warnings being replaced with improvement notices. As with misconduct meetings, you will have the right to be accompanied by a work colleague or trade union representative.
The time between reviews will vary depending upon the nature of the improvements needed, but will ensure sufficient time to put into action any remedial action, and to demonstrate improvement.
If there is no improvement following the final improvement notice, it may result in dismissal due to poor performance. If this occurs, an appeal to the decision will be offered.
If your absence levels are deemed unreasonable, you will be notified of the need to improve. If your absence levels continue to be unsatisfactory, or a pattern emerges, we will begin the absence management process.
The absence management process mirrors the three-step disciplinary process, in that there are formal meetings at which you can be accompanied by a work colleague or trade union rep.
If you are dismissed because of poor absence, you may appeal this decision.
If you are unable to undertake the role you have been hired to do due to either continued ill health or incapacity, we will ensure we have exhausted any possible reasonable adjustments before making any decision to dismiss.
You will be given the right to be accompanied by a trade union rep or work colleague during formal review meetings. The number of review meetings needed will be dependent upon the circumstances of the case, however we will do what we reasonably can to help you retain employment with Eduserv.
You may be required to attend either an occupational health review, or will be asked for permission for Eduserv to contact your GP. If we do not have sufficient medical information, we would be required to make a decision without all of the facts, which ultimately may be to your detriment.
You may appeal any decision to dismiss due to capability.