Information for staff facing disciplinary allegations (including those relating to safeguarding)

Introduction

1 This guidance provides you with initial information about employment processes that are followed when a serious allegation of misconduct (including safeguarding) is made against you. Whatever the circumstances, allegations can give rise to significant personal anxiety. Malicious allegations can be particularly stressful and have significant impact on all those involved. The guidance below provides information about the support which is available to you.

2 You will be treated fairly, in accordance with the principles of natural justice and employment practice requirements. Any investigation will be completed as soon as practicable, however it should be noted that some investigations can be protracted, dependent on the level of investigation and the complexities involved.

The immediate future 3 Whilst suspension is a precautionary act and does not anticipate the outcome of any subsequent disciplinary or alternative action, it is almost always necessary where a potential act of gross misconduct appears to have occurred. It is intended as a safeguard for you and those involved in the allegation and the organisation. If a period of formal suspension is necessary, you will normally be advised before it is applied and you will receive written confirmation of the decision.

4 During the absence period referred to in 3, you will be paid under the terms of your contract of employment.

Support during the suspension period

5 If you are a member of a trade union you are strongly advised to make immediate contact with that body for advice and support.

6 Free and confidential counselling services are available as follows: Hampshire Fire & Rescue Service Employee Support provides face-to-face counselling.

Individuals can contact Occupational Health by telephoning 023 8062 6600 (08:00 - 16:00 weekdays). A wide range of useful advice and information is also available via the online support pages.

A confidential counselling service is provided by the Wellbeing Helpline who can be contacted on 0800 030 5182 or by accessing the following link www.healthassuredeap.co.uk.

Please note that in some circumstances relating to criminal allegations, a court can order disclosure of counselling records.

7 You will be offered a named contact (welfare contact) who will keep in touch with you. This might be your line manager or colleague from your workplace. The nature and frequency of contact will be agreed between you. The purpose of this link is to enable you to raise any concerns you may have, to update you about progress of the investigation and tell you about matters of interest occurring in your workplace to help combat feelings of isolation.

Page 1 of 2 Outcome of investigations

8 The investigation will determine whether or not there is a case to answer.

You will normally attend a meeting as part of the investigation, depending on the nature of the allegations. You will be advised in writing of the outcome of the investigation and the procedure to be followed. Wherever possible you will be advised of timescales.

Support plan

9 Being the subject of any allegation can be very stressful. There can be loss of confidence at both a personal and professional level. Individuals react differently and the level of support required to help staff continue or resume their careers will vary. Where an allegation is malicious or false a support plan will be agreed with you. This will cover your professional and emotional needs. It will be reviewed in consultation with you. A support plan will also be agreed with you and your representative if your case warrants managerial action or disciplinary action not culminating in dismissal.

Other matters

10 If allegations are made directly to Safeguarding or the Police (where a criminal offence may have occurred), the Service will have less control over the investigative process. The support provisions outlined above will still apply.

11 Some cases attract media interest. If the media contact the Service or local authority you will be advised of their interest. You are advised strongly not to talk to the media. If their enquiries persist you should seek advice from your trade union representative or named contact.

Immediate questions

12 It is hoped this guidance will be helpful at this difficult time for you. If you have any further questions please do not hesitate to contact your Welfare Contact, line manager or union representative.

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