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Disciplinary Policy #NGH-PO-028

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Disciplinary Policy

#NGH-PO-028

Business Area Person Responsible

Human Resources Sarah Kinsella

Created Last Review

2nd June, 2014 2nd June, 2014

Status Next Review

Complete n/a

Screening Data

Name, job title, department and telephone number of the person completing this Equality Impact Assessment

Sarah Kinsella, Corporate HR Officer, 5770

What is the title and number of this policy/procedure/guideline?

Disciplinary Policy - NGH-PO-028

What are the main aims, objectives or purpose of this policy/procedure/guideline?

The purpose of this policy to establish clear processes for dealing fairly and reasonably with disciplinary cases.

Who is intended to benefit from this policy/procedure/guideline?

The Disciplinary Policy applies to all staff employed under a contract of employment, including medical and dental staff.

Is this a Trustwide, Directorate only or Department only policy/procedure/guideline?

Trustwide

Who is responsible for the implementation of the policy/procedure/guideline?

HR

Recommend this EA for Full Impact Analysis?

Yes

Rate this EA

Low

Impact Assessment Data

What data has been utilised to evidence the decisions regarding the impact this policy/procedure/guideline will have on the different equality strands/groups?

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ACAS (2011). acas Code of Practice :1 Discipline and Grievances Procedures [online] London. ACAS. Available from http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures- accessible-version-Jul-2012.pdf [Accessed 18 October 2013]

ACAS (2013). acas Discipline and Grievances at Work Guide [online] London. ACAS. Available from http://www.acas.org.uk/index.aspx?articleid=2179 [Accessed 18 October 2013]

Department of Health (2013). The NHS Constitution: the NHS Belongs to Us All [online] London. DH. Available from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/170656/NHS_Constitution.pdf [Accessed 5 August 2013]

NHS Employers (2013). Maintaining High Professional Standards in a Modern NHS [online] London. NHS Employers.

Available from http://www.nhsemployers.org/EmploymentPolicyAndPractice/disciplinary- procedures/Pages/NewDisciplinaryProcedures-Overview.aspx [Accessed 18 October 2013]

NHS Employers (2013). Guidance for Employers on Sharing Information About a Healthcare Worker Where a Risk to Public or Patient Safety Has Been Identified [online] London. NHS Employers. Available from

http://www.nhsemployers.org/Aboutus/Publications/Documents/guiding-principles-for-sharing-information.pdf [Accessed 5 August 2013]

Northampton General Hospital NHS Trust (2014) Appraisal Policy. NGH-PO-863. Northampton. NGHT Northampton General Hospital NHS Trust (2014) Management of Sickness Absence Policy. NGH-PO-031.

Northampton. NGHT

Northampton General Hospital NHS Trust (2014) Electronic Email and Internet (Including all Social Networking Sites) Policy. NGH-PO-10-02. Northampton: NGHT

Northampton General Hospital NHS Trust (2014) Supporting Staff Involved in an Incident, Complaint or Claim Policy.

NGH-PO-245. Northampton. NGHT

Northampton General Hospital NHS Trust (2013) Equality and Human Rights Strategy 2013-2016. Northampton: NGHT Northampton General Hospital NHS Trust (2011) Alcohol, Drugs or Other Substance Misuse in the Workplace Policy.

NGH-PO-037. Northampton. NGHT

Northampton General Hospital NHS Trust (2010) Performance Management Policy. NGH-PO-118. Northampton.

NGHT

Northampton General Hospital NHS Trust (2010) Grievance Procedure. NGH-PR-041. Northampton. NGHT

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - AGE?

Positive impact

This policy is applicable to all staff regardless of age.

The highest % of staff are in the 45-54 age range and the lowest % of staff are in the 16-24 age range.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does or could the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), have a postive impact (i.e. contribute to promoting equality or equal opportunities) or have no impact on the following

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equality strand/group - DISABILITY?

Positive impact

This policy is applicable to all staff regardless of disability.

The highest % of staff are not disabled and the lowest % of staff are disabled

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - GENDER?

Positive impact

This policy is applicable to all staff regardless of gender.

The highest % of staff are female and the lowest % of staff are male

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - MARRIAGE AND CIVIL PARTNERSHIP?

Positive impact

This policy is applicable to all staff regardless of marital status.

The highest % of staff are married and the lowest % of staff are in a civil partnership.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

(4)

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - RACE?

Positive impact

This policy is applicable to all staff regardless of race.

The highest % of staff are white and the lowest % of staff are undefined, mixed and any other.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - RELIGION OR BELIEF?

Positive impact

This policy is applicable to all staff regardless of religion or belief.

The highest % of staff are Christians and the lowest % of staff are Judaists and Jainists.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - SEXUAL ORIENTATION?

Posititve impact

This policy is applicable to all staff regardless of sexual orientation.

The highest % of staff are heterosexual and the lowest % of staff are lesbian and gay.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

(5)

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - PREGNANCY AND MATERNITY?

Positive impact

This policy is applicable to all staff regardless of maternity or pregnancy.

The Trust usually has between 2-3% of staff on maternity leave at any given time.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

Does the policy/procedure/guideline have a negative adverse impact (i.e. could it disadvantage), or does it have a positive impact (i.e. contribute to promoting equality or equal opportunities) or does it have no impact on the following equality strand/group - GENDER REASSIGNMENT?

Positive impact

This policy is applicable to all staff regardless of gender reassignment.

The Trust does not record gender reassignment data on ESR.

If you have indicated a negative impact, is that impact lawful (i.e. it is not discriminatory under anti- discrimination legislation)?

If you have indicated a negative impact, is that impact intended?

What actions or changes can be taken to minimise or improve the negative impact? NB: If appropriate, complete the Action Box to ensure any recommended actions or changes are recorded for completion?

What consultation has taken place with representatives from the equality groups and stakeholders and what has been the feedback?

Full Trustwide consultation has taken place

(6)

How will any gaps in consultation be addressed?

Comments

Consideration should be given to ensuring that this document is made available in alternative formats to enable access for staff who may be not be able to access it in its current format.

Organisation Sign-off Data

If the policy is implemented what is the potential risk of it having an adverse effect on equality?

Low Risk - probably will not have an adverse effect on equality

If the policy is implemented what is the potential of it having a positive effect on equality and relations?

High Potential - highly likely to promote equality of opportunity and good relations

If the potential for risk or positive effect occurred what would be the potential number of people it effected?

A low number of people would be affected

Based on the answers to questions 1 - 3 will this policy promote equality and diversity?

Yes

Do you have any additional comments or observations about the policy?

How will the results of the Equality Impact Assessment will be published?

Have you completed any Action Boxes with recommended actions or changes for completion?

No

If 'Yes' please print off an action plan report along with a copy of the Equality Impact Assessment report to the policy/procedure/guidelines owner, and record below who it has been sent to

If 'No' please print off a copy of the Equality Impact Assessment report to the policy/procedure/guidelines owner, and record below who it has been sent to

Please give details of the monitoring arrangements As per policy

Outstanding Actions

No outstanding actions

References

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