disciplinary route

[flowlow]

Hi all

 

I have a member of staff (level 6) who is consistently not keeping standards in her files. To be honest her practice isn't great either but that is another issue. I have put lots in place to support, checking her files in moderation process twice a term and still the point I pull out she just doesn't DO.

 

It has got to the point where she set her one deadline of today to have three files ready and to standard. She had the reports I had done on each file to work from plus some verbal hints and tips.

 

I got a message last night saying could she have an extension. I basically explained that these files should have been completed by parents open day March 27th but they weren't the information she was putting in was from last term so if I gave her more time it would eat into the time she has to put this terms info in. I should point out she had 6 paid hours to get three files up to speed. I asked her what she would say if she was me. She said she would get them done.

 

Today I have checked them and I would say one is mostly up to standard although she still didn't action three points I had pulled out on moderation report, one is partly met and the other is not to standard.

 

I did say if the deadline wasn't met and the files not up to speed it would be a written warning. I feel I have to give her one but don't feel good about it at all. Also not sure what to write as luckily I haven't had to do them to often.

 

Guess I am just asking what people think and if any of you have a format you use.

[Foreveryoung]

Gosh pulling teeth springs to mind! It takes so much of your energy though to go through things like this is not easy.

 

If support had been given and you have had meetings with her to see if you can address the problem but to no avail and you want to go down disciplinary you need to think;

Can you evidence the support given, can you show it is clear what you was requesting, can you cover it in your policies/contracts. If so you can say you are referring it for disciplinary you can not say she WILL receive a written warning, as you must invite the member to a disciplinary hearing in which you would supply your evidence and they are also able to have representation of their choice. You must hold this meeting without prejudice and you must not have made your decision to give a warning prior to the meeting, where possible the disciplinary meeting should not be held by the investigator. After hearing all the evidence and listening to her you can then make a decision of what to do but also give opportunity to contest the outcome.

 

It's a nightmare but be careful what you say the preparation to any disciplinary is key!

Evidence, clarity and timescales are vital xx

 

Make sure you follow your disciplinary policy, I would say ACAS but I found them crap but ok I suppose. If employee has been with you less than 2 years it's not a scary as full employee rights kick in at 2 years x

[Rafa]

Sorry this no help for your situation but can't help but comment that this is a prime example of qualifications (level 6!) does not necessarily equal - competant practitioner!

[Guest]

She has not met your targets,

She has not completed it in the allotted time scale

 

Write a warning explaining this, give her chance and write down what she says

 

And set what needs to be done and when or it will escalate to the next level of disaplinary process

 

Are they not being completed because she does not know how? Can she buddy someone to help her ?

[finleysmaid]

Foreveryoung has explained the system really well...we are not allowed at any stage to suggest they will receive a warning until a hearing has been heard as you are pre-empting the outcome and she may be able to provide evidence to the contrary.

Set a date for a hearing....it may be she resigns once she realises how seriously you are taking it.

[blondie]

i agree Rafa - we have exactly the same problem - she has the qualification but cannot put it into practice no matter how much support she receives.

[flowlow]

Sorry this no help for your situation but can't help but comment that this is a prime example of qualifications (level 6!) does not necessarily equal - competant practitioner!

Don't I know it. I discovered that she has never done play or play theory at all!!! Cant believe that at level 6. She was really good the first term and the bit I noticed I thought was because she was new. I have tried to reach her some many different ways and am just coming up at a loss. I really believe in helping staff and only go disciplinary route if I have no other option hence why I haven't done it that much. I get to the point where you just think 'just get on with it!!!!'

 

She has not met your targets,

She has not completed it in the allotted time scale

 

Write a warning explaining this, give her chance and write down what she says

 

And set what needs to be done and when or it will escalate to the next level of disaplinary process

 

Are they not being completed because she does not know how? Can she buddy someone to help her ?

I have given her loads of files as examples, talked through individual cases with her, provided some profroma idea to help and designed the moderation to make it more simple so that she can assess it better. I have given her action point that as very concise so basically if she just did what I said it would be fine. All staff give her observations they have done that she could just cut and paste but they never appear in file and she has 3 paid hours in work time to do them! Short of actually doing it for her I don't know what else to do.

[flowlow]

thank you foreveryoung and Suer I think that's what I'll do make it look more like an official letter (so not exactly a warning) and maybe make more of an official personal performance plan and see where that goes. At the moment I am checking files twice on a moderation form each time so there is paper trial of support that she is receiving plus we log informal training in a table for each person as that was recommended by Ofsted last time.

Edited May 2, 2015 by Johanna1

[Guest]

It has to be clear so everyone is clear what is required and what follows if it does not.

Do you have a capability policy

This could be your first action if you have not already done this

Tough as it is she, she knows what is needed, you have supported on lots of levels,

 

I would commence my disaplinry process if it was me in your situation.

You risk ofsted , your reputation and your staff's respect, attitude or work ethic if you don't

 

Not easy, take a deep breath, go over and be clear what you want to say, have someone note taking ( they don't have to be verbatim but a close record of what is said) copy to her and for you.

Give plenty of time for her to have say, always, clarify and repeat what she has said and get her to confirm.

 

THEN go home and open wine , good luck

[Foreveryoung]

thank you foreveryoung and Suer I think that's what I'll do make it look more like an official letter (so not exactly a warning) and maybe make more of an official personal performance plan and see where that goes. At the moment I am checking files twice on a moderation form each time so there is paper trial of support that she is receiving plus we log informal training in a table for each person as that was recommended by Ofsted last time.

What stood me well through disciplinary proceedings was paperwork, every meeting was written and signed by employee and me, this ment informal decisions prior to proceedings had been held also it was proven I asked what support was needed, what I would do, what/if any problems. I also did a table - area for improvement, details, support etc to be put in if any, timescale to be done by also noting when it was to be fully embedded by, what it would look like if fully implemented. This was gone through in detail, agreed and signed by both parties, the paperwork in run up to any disciplinary must be clear. But it's not too bad for you as she's not been with you long enough for it to be a major battle if things go downhill even more.

Make sure you have someone to moan to or it will stress you out completely x good luck x

[LKeyteach]

Joanna1.

If she has done less than 2 years service you do not have go through disciplinary procedures you can let her go.

I know it sounds harsh but you might have to do it.

I have a young (ish) practitioner who requires endless support and I could have dismissed her a while ago. However I chose to keep her on because every now and then you have to do something good. I treat almost as one of the children. She is very good at following instructions and copes with routine. Her learning journeys are a real mess but I choose the children whose parents I can talk to and understand that everyone deserves a chance. The children are supported by all the team so they probably get double attention.

I am lucky that I have a large enough team to be able to do this and parents who are happy to pay a voluntary contribution to allow me to over staff.

But there is no point if you can see that she is this far behind and it is not getting sny better now maybe the time to part company.

[finleysmaid]

thank you foreveryoung and Suer I think that's what I'll do make it look more like an official letter (so not exactly a warning) and maybe make more of an official personal performance plan and see where that goes. At the moment I am checking files twice on a moderation form each time so there is paper trial of support that she is receiving plus we log informal training in a table for each person as that was recommended by Ofsted last time.

this is classed as a noted conversation...absolutely fine to do this !