Under the Data Protection Act, personal data must be dealt with in a confidential manner in accordance with the requirements of the Act. Appendix E Formal Capability (Ill-Health) Hearings Formal warning/dismissal decisions should normally be made by the Principal, together with a Panel of the Board of Governors, at a formal capability (ill-health) hearing. However, where the Principal has not been given delegated powers to make initial dismissal decisions, the matter should be dealt with by a relevant Board of Governors’ Committee e.g. Discipline and Dismissal Committee. An employee will have the right to attend any such meeting (and should make every effort to do so), to make representations and to be accompanied by a representative of a recognised trade union or other appropriate person. Where dismissal is being considered the statutory 3-step procedure must be followed. 1. Written statement and Employer must send a written statement detailing the invitation to meeting nature and basis of the concerns and inviting the employee to attend a meeting to discuss it 2. Meeting A meeting must take place before any action is taken There shall be no meeting unless Step 1 has been followed The employee must take all reasonable steps to attend After the meeting the employer must inform the employee of the outcome and her/his right of appeal 3. Appeal If the employee wishes to appeal, s/he must inform the employer If the employee does so, the employer must invite her/him to a further meeting The employee must take all reasonable to attend The employer must inform the employee of the final decision An employee should be given at least 7 working days’ notice of the date of the hearing. This notice will include. The date, time and venue of the meeting. The name of the person(s) sitting on the hearing panel and details of any adviser. A copy of any report by the Academy.
Under the Data Protection Act, personal data must be dealt with in a confidential manner in accordance with the requirements of the Act. Appendix E Formal Capability (Ill-Health) Hearings Formal warning/dismissal decisions should normally be made by the Principal, together with a Panel of the Board of Governors, at a formal capability (ill-health) hearing. However, where the Principal has not been given delegated powers to make initial dismissal decisions, the matter should be dealt with by a relevant Board of Governors’ Committee e.g. Discipline and Dismissal Committee. An employee will have the right to attend any such meeting (and should make every effort to do so), to make representations and to be accompanied by a representative of a recognised trade union or other appropriate person. Where dismissal is being considered the statutory 3-step procedure must be followed. 1. Written statement and invitation to meeting Employer must send a written statement detailing the nature and basis of the concerns and inviting the employee to attend a meeting to discuss it 2. Meeting A meeting must take place before any action is taken There shall be no meeting unless Step 1 has been followed The employee must take all reasonable steps to attend After the meeting the employer must inform the employee of the outcome and her/his right of appeal 3. Appeal If the employee wishes to appeal, s/he must inform the employer If the employee does so, the employer must invite her/him to a further meeting The employee must take all reasonable to attend The employer must inform the employee of the final decision An employee should be given at least 7 working days’ notice of the date of the hearing. This notice will include. The date, time and venue of the meeting. The name of the person(s) sitting on the hearing panel and details of any adviser. A copy of any report by the Academy.
sickness-absence-policy-laet-nov-2012.docx