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Disciplinary hearing & union negotiation

Hello

We are about to hear a disciplinary matter which includes a safeguarding concern, Not extremely serious but conduct that is concern for a teacher and could be considered gross misconduct.

The union has suggested a negotiated outcome - if the staff member resigns, via a without prejudice conversation. I presume that they would want us to agree first written or final written warning, essentially action short of dismissal.

I have indicated that due to the nature of allegation we would feel duty bound to follow and not pre-empt the process and that we would be following process as per KCSIE.

I do appreciate that a dismissal could have significant consequences for the colleague and most likely a DBS referral.

I have been around the HR block more than a few times but have not had this type of request before and would appreciate any guidance or feedback about this on both a practical and ethical basis.

Many thanks

959 views
  • Quite normal especially in the public sector but beware your obligations in respect of DBS and safeguarding
  • Hi. I agree with you that given the nature of the concerns, the process set in motion needs to continue. Even if not dismissal, there may be an obligation to do a DBS referral.
  • Has the LADO been contacted?

    Usually in safeguarding cases, even if the employee resigns, you have a duty to continue the investigation as an inquiry, and report what action would have been taken had they not resigned.

    You also have a duty to make prospective employers who work with children aware of any safeguarding concerns via references etc, so you cannot sign compromise agreements that say you will not.