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Management Investigation - Disciplinary

Donna

| 0 Posts

19 Oct, 2017 14:55

Hi all,

Just a general query, an investigation is currently being undertaken with a member of staff (regarding an allegation of hitting a child) In 2015 the same individual was subject to a disciplinary in connection with (Lack of respect for pupils and school values through repeated misconduct and inappropriate dialogue including swearing, posing safeguarding risks.)  These allegations were investigated and a disciplinary hearing held which led to a Final Written Warning.  The warning is no longer live but I feel that these previous allegations cannot be ignored.      My query is can they be referred to in the Case File for a disciplinary hearing, I feel that we "cannot not know what we know" - particularly in relation to safeguarding children.       

Thoughts please.   Thanks in advance.

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  • David

    | 0 Posts

    19 Oct, 2017 15:53

    Donna
    Have a look at NHS 24 v Pillar.
    David
  • Keith

    | 0 Posts

    19 Oct, 2017 15:57

    I would have thought that an allegation of hitting a child in a school environment would normally as and in itself be sufficient (once proven) for a case of gross misconduct and dismissal.

    The previous penalty is spent ( and is for a slightly different thing). The time for me to bring them up (as in a court which of course this isn't) is after a decision is made as to the guilt or innocence on this very serious charge. Previous at that stage will go to penalty / mitigation but I wouldn't use it to potentially cloud if they hit a child or not.

    But you are right the fact that he has this previous doesn't have to be entirely ignored.
  • Donna

    | 0 Posts

    19 Oct, 2017 16:00

    In reply to David:

    Thanks David - I have just had a look at that.
  • Keith

    | 0 Posts

    19 Oct, 2017 16:03

    In reply to David:

    Of course in Pillar the circumstances were that the previous incidents had not gone to a disciplinary (but to training/coaching) and therefore were not live and/or spent. But merely part of the history of the employee.
  • Donna

    | 0 Posts

    19 Oct, 2017 17:07

    In reply to Keith:

    Thanks Keith - not quite as straight forward as it sounds re the allegation but I guess what you are saying is that any panel when considering the penalty should take the information into account (as with the NHS case) but it shouldn't be part of our current investigation (it isn't & therefore won't form part of the case file) Thanks