Discipline, Police Staff

Policy Scope:

This policy applies to all police staff employees, including those on Fixed Term Contracts, who have completed their probationary period, with the exception of temporary agency workers.

Agency Staff

Conduct issues relating to temporary agency workers should referred immediately to the agency to which they are affiliated.

Probationary Period

The disciplinary procedure will not be implemented against employees during the probationary period.

If conduct is significantly below standard during probation and corrective measures have failed, dismissal before or at the end of the probation can take place without recourse to the formalities of disciplinary warnings. Please see D51453 – Managing the Induction and Probationary Period.

Policy Aims and Objectives:

South Yorkshire Police requires its employees to achieve and maintain the standards of professional behaviour which have been agreed through the Police Staff Council, and which are published in the Police Staff Terms and Conditions Handbook available on the Force intranet. The aim of the disciplinary policy and associated procedural instruction is to help and encourage all employees to achieve and maintain these standards.

Discipline is a formal process which provides a mechanism through which managers can deal with misconduct issues in line with best practice identified by ACAS. Application of the procedure may lead ultimately to the dismissal of employees.

The aim of the procedure is to ensure that fair and effective arrangements exist for dealing with disciplinary matters. If an employee acts at any time in a manner which in the opinion of line management is contrary to the normal acceptable standards of conduct, the Police Staff Council Standards of Behaviour or to the Force’s standard terms of employment, the procedure outlined in D51333 is to be followed.

Minor instances of initial misconduct should initially be dealt with informally, through the normal supervisory and management intervention. Advice, coaching and counselling should be considered where appropriate. Managers may issue informal oral advice, but they must ensure that problems are discussed with the objective of encouraging and helping employees to improve, and detailing the expectations of them. It is important that employees understand what needs to be done, how conduct will be reviewed and over what period of time. They should also be made aware of what action will be taken if they fail to improve their conduct. Informal advice and/or counselling are not part of the formal discipline procedure and the employee should be informed of this.

In April 2004, the Independent Police Complaints Commission was established to oversee complaints made by members of the public against both police officers and police staff. The Commission has the power to oversee investigations, as well as investigate certain matters itself where it considers it appropriate. Where a complaint results in a finding that an employee is guilty of misconduct, then the individual will be dealt with under this procedure. However, complaints may be resolved through Local Resolution (see D50241 Management of Complaints for further information on this process).

At all stages of the discipline procedure, employees have the right to be accompanied by a trade union representative or a work colleague. Requests to delay the process to accommodate this will be considered on their individual merits. However, the process will not be unreasonably delayed to.

The level at which disciplinary action is imposed will depend on the nature and seriousness of the misconduct, the particular circumstances in which it was committed and on any previous unexpired warnings. Advice should be sought from the local Personnel Manager regarding the appropriate level of the process for particular incidents of misconduct.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Discipline, Police Staff Procedure D51333

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances. Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

These instructions fall within MoPI: No

Audit Review Arrangements:

The policy will be reviewed annually or upon any changes in legislation or guidance.

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
Visit a local Citizens' Advice Bureau
Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

Pursue concerns through their line manager.
Contact a First Contact Advisor.
Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
Seek advice from their staff association or trades union.
Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.

Equality Act 2010:

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Start Date:

2 October 2006 (amended July 2009).

Equality Analysis:

D51332 Discipline Policy.pdf