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Safeguarding issue and resignation/Disciplinary

Please can I check my understanding of a current situation?

A Nursery practitioner carried out an action which has resulted in a Disciplinary and also a disclosure to our local Safeguarding team. They have been suspended and have also gone off sick

They have now resigned before the disciplinary hearing has taken place.

Their letter gave 4 weeks notice and therefore I have advised to go ahead with the hearing this Friday as they are still technically employed by us.

If the letter resigned with immediate effect then we could not go ahead as we cannot sanction an ex-employee.

Is this correct?  I assume the local Safeguarding team will still go ahead with their investigation and we will inform the DBS re our concerns about this person working with Children.

Thanks in advance.

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  • You might not be able to proceed with the disciplinary process if someone left with immediate effect, but your reference and referral to the DBS would need to provide a factual summary of what led to the suspension and why the process couldn't be completed.

    Just for information, I sent a query to the DBS referral team back in June and had to follow up recently because I hadn't had a response - which just makes me want to mention that it's always worth following up on things and chasing for an answer, even when it's a simply question. Don't assume things will be followed up, particularly where safeguarding is concerned.

    Good luck.

    Nina
  • In reply to Nina Waters:

    Many thanks Nina
  • Did you contact your LADO?
  • In reply to Nadine Powrie:

    Yes - they have taken it very seriously and have advised we must bring our investigation/hearing to a conclusion. We are going ahead.
  • In reply to Zena:

    I had a similar problem with a member of staff when I was a Headteacher.