Employee relations procedures

We are committed to ensuring that there is no unlawful discrimination or bias in the application of our processes and procedures. We will also review how our processes operate to ensure fairness.  The Council is committed to Valuing Diversity in its workforce and aims to ensure that all employment decisions are fair and objective, employees are treated with respect and understanding and that there is no unlawful discrimination.

In order to provide the best possible opportunity for our employees to contribute to our goals and realise their full potential, they are entitled to expect us to promote mutual respect between all employees and to ensure that they are treated fairly and appropriately. 

We will, wherever possible, aim to resolve matters informally without escalation to formal procedures but where formal processes are triggered we will treat our employees with dignity and respect.

Dissatisfaction with the operation of the Council’s procedures 

If an Employee has concerns related to the application of a Procedure their concern should be raised as part of an existing complaint and/or as part of an Appeal.

Amendment or termination of the procedure

Where there is a proposal to amend or terminate an Employment Procedure consultation will take place with the relevant Trade Unions.

The Employment Procedures may be amended or terminated following consultation with the relevant trade union at any time.  Where agreement cannot be reached the proposed amendment(s)/termination will be made by giving three months’ notice.

Formal procedures

Below are the details of our formal procedures. Each section will show you information regarding the procedure and any other relevant information. A set of key points are also included with each procure that you should consider when implementing the formal process.

Joining, induction and probation

Scope

All employees except:

  • Newly Qualified Teachers
  • Chief Executive, Section 151 Officer and Monitoring Officer
  • Agency Workers - although informal processes can be used

The probation period is generally six months although for Newly Qualified Social Workers (NQSWs) in their ASYE and Youth Workers the period is 12 months. 

All issues relating to disciplinary matters, sickness and performance concerns will be dealt with under this procedure during the probationary period.   

Reviews will normally be conducted at months one, three and five. For NQSW’s and Youth Workers these will be adjusted to months three, six and nine.

If concerns are sufficiently serious, example, an allegation of gross misconduct, a recommendation to escalate to Final Review Meeting can be made at any point during the formal probation process in consultation with the HR representative.

Consideration should be given to the impact of School Holiday periods for term-time workers and Teachers and timescales may be adjusted. 

Member-level/Governing Body appointments

A decision to dismiss under this Procedure will be made by Members or the School Governing Body (subject to delegations). Appeals related to a dismissal would be referred to the Member Staffing Appeals Panel or the Governing Body Appeal Panel.

Any recommendation to dismiss would be subject to the Council’s Executive Objections procedure

Any recommendation to dismiss the Director of Public Health would be subject to consultation with the Secretary of State for Health.

Procedure and related documents

Sickness

The London Borough of Bexley aims to support employees at times of ill health. Our objective is to ensure that employees attend work and to address any issues of sickness absence promptly and effectively. A sick pay scheme provides financial support during periods of ill health.

Managers will address absence that has met or exceeded the Council's annual sickness absence target (six days per employee per year), and where sickness absence is otherwise considered a concern.

Further information regarding certification, employee requirements and sick pay entitlement is available on MyView.

There may be circumstances where it will be appropriate to escalate to final stages where for example ill-health retirement is recommended.

Scope

All employees except:

  • those on probation
  • teaching staff
  • performance issues relating to the Chief Executive, Section 151 Officer and Monitoring Officer

Member-level appointments

Procedural stages will be considered by the Member Staffing Panel which has delegated powers to consider action under the Council's HR procedures. Appeals would be referred to the Member Staffing Appeals panel.

Any recommendation to dismiss would be subject to the Council’s Executive Objections procedure.

Any recommendation to dismiss the Director of Public Health would be subject to consultation with the Secretary of State for Health.

Procedure and related documents

Performance

The Council aims to support employees where they are not performing in their role and aim to encourage good performance and will support our employees to perform to the highest standards.

Where there are performance concerns we will manage concerns at an early stage and work with our employees to achieve the improvements identified.

There may be circumstances where it will be appropriate to escalate to final stages where performance concerns are so serious that this warrants an immediate escalation.

Scope

All employees except:

  • those on probation
  • Teaching staff
  • Performance issues relating to the Chief Executive, Section 151 Officer and Monitoring Officer

Member-level appointments

Procedural stages will be considered by the Member Staffing Panel which has delegated powers to consider action under the Council’s HR procedures. Appeals would be referred to the Member Staffing Appeals Panel.

Any recommendation to dismiss would be subject to the Council’s Executive Objections procedure

Any recommendation to dismiss the Director of Public Health would be subject to consultation with the Secretary of State for Health.

Procedure and related documents

Employee resolution

This procedure covers any complaint that an Employee may make including concerns in respect of terms and conditions, health and safety, interactions with their manager and/or colleagues.  The Procedure is also designed to deal with complaints of harassment, bullying, victimisation and unlawful discrimination.

The Procedure does not cover PRP appeals for which a separate process can be found in the Bexley Performance Management Scheme below.

Scope

All employees except:

  • Chief Executive

The Council's commitment

In order to provide the best possible opportunity for employees to contribute to organisation goals and to realise their potential, employees, whilst at work, are entitled to expect the Council to:

  • promote mutual respect between all employees and to help to ensure that employees are treated courteously
  • protect them from bullying, harassment, unlawful discrimination and victimisation
  • provide clear rules and standards of behaviour and to seek to ensure that these are fairly and equitably applied through appropriate procedures
  • provide appropriate support to employees who may be unfairly treated
  • take action when breaches of this Policy are brought to its attention

The Council's expectations of employees

In order to do the above, the Council expects employees to:

  • treat each other and the Council's customers with respect, fairness and courtesy
  • adhere to the Employee Code of Conduct
  • bring to its attention any breach of this policy
  • support firm action being taken against any individual who breaches this policy

Ex-Employee Process

Where a complaint/concern is received after an employee has ended their employment or where a complaint had been made prior to the last day of service but the process of hearing the complaint has not yet started the following steps will be followed:

  1. The individual will set out in writing the nature of their complaint/concern
  2. The Head of Service/Deputy Director or equivalent will set out the Council’s response in writing

A separate procedure for collective Grievances and disputes can be found in the Trade Union procedural and facilities agreement below.

Procedure and related documents

Disciplinary

This procedure sets out the steps to be taken to investigate complaints of misconduct and for carrying out formal disciplinary proceedings.

We expect minor isolated concerns to be dealt with without referring to formal stages, however, we acknowledge that there may be situations where misconduct needs to be dealt with more formally.

Scope

All employees except:

  • employees on probation
  • Chief Executive, Section 151 Officer and Monitoring Officer

Member-level appointments

Procedural stages will be considered by the Member Staffing Panel which has delegated powers to consider action under the Council’s HR procedures. Appeals would be referred to the Member Staffing Appeals Panel.

Any recommendation to dismiss would be subject to the Council’s Executive Objections procedure

Any recommendation to dismiss the Director of Public Health would be subject to consultation with the Secretary of State for Health.

Procedure and related documents

Restructuring, redundancy and retirement

From time to time a reduction in the overall number of employees as a result of organisational changes will mean that redundancies will be unavoidable.  Our aim when this happens is to do our best to avoid redundancies wherever possible.  Where there is no alternative and redundancies need to take place we will ensure that:

  • the total number is kept to a minimum;
  • employees and their representatives will be fully consulted;
  • selection will be based on clear criteria that will be objectively and fairly applied;
  • redeployment will be sought to identify alternative work; and
  • support and advice will be provided.

The definition of redundancy.

Scope

All employees.

Member-level appointments

A decision to dismiss will be made by the General Purposes Committee/Members Staffing Panel.

Procedure and related documents

Authority to take action

Stage of procedure Corporate Services Schools The Learning & Enterprise College Bexley
Extend probation Head of Service Head Teacher/Governing body Principal
Review meetings Line Manager Line Manager/Head Teacher Line Manager
Appeal against a caution Line Manager's manager/Head of Service Head Teacher/Governing Body Appeal Panel Head of Service/Principal
Dismissal hearing Deputy Director Governing Body or Head Teacher if appropriate delegation in place Deputy Director
Appeal again dismissal Director Governing Body Appeals Panel Director

Member-level appointments

Procedural stages will be considered by the Member Staffing Panel which has delegated powers to consider action under the Council’s HR procedures. Appeals would be referred to the Member Staffing Appeals Panel.