Introduction
LoveSpring Nursery School is committed to maintaining the highest standards of professional conduct and performance among all staff members. This disciplinary policy provides a fair and consistent framework for addressing conduct issues while supporting staff in meeting our expectations.
As an early years provider serving children aged 6 months to 5 years in Coventry (CV1 5HA), we recognize the importance of maintaining professional standards to ensure the safety and wellbeing of the children in our care.
1. Policy Aims
Our Commitment to Fairness
This policy aims to:
- Support and encourage all employees to maintain satisfactory conduct standards
- Provide clear procedures for addressing conduct below expected standards
- Ensure fair and consistent treatment of all employees
- Protect children, staff, and the nursery's reputation
- Comply with employment law and statutory requirements
2. Legal Framework
2.1 Legislative Requirements
This policy operates within the framework of:
- Employment Rights Act 1996
- Equality Act 2010
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- Early Years Foundation Stage (EYFS) Framework 2024
- Education Act 2002
- Working Together to Safeguard Children
2.2 ACAS Compliance
Our procedures are based on ACAS best practice, ensuring:
- Fair and reasonable treatment of all staff
- Clear communication throughout the process
- Right to be accompanied at formal hearings
- Appropriate timescales for each stage
- Impartial investigation and decision-making
3. Definitions and Scope
3.1 Key Definitions
| Term |
Definition |
Examples |
| Misconduct |
Conduct falling below expected standards but not serious enough to warrant dismissal |
Persistent lateness, minor policy breaches |
| Gross Misconduct |
Serious conduct breaches that may justify summary dismissal |
Safeguarding failures, theft, violence |
| Informal Action |
Initial discussion and support to address minor concerns |
Verbal reminders, coaching sessions |
| Formal Action |
Structured procedure for addressing more serious concerns |
Written warnings, disciplinary hearings |
3.2 Scope and Limitations
This policy covers conduct issues only. Capability or performance concerns are addressed through our separate Staff Capability Policy. The policy applies to all employees, volunteers, and contractors working at LoveSpring Nursery School.
4. Disciplinary Procedures
4.1 Informal Stage
Initial Approach
Minor concerns are initially addressed informally through:
- Discussion: Private meeting between staff member and line manager
- Clarification: Clear explanation of concerns and expected standards
- Support: Identification of any support or training needed
- Monitoring: Agreed timeframe for improvement
- Documentation: Brief notes retained for reference
Escalation to formal procedures occurs when: No resolution achieved, serious misconduct, repeated issues, or suspected gross misconduct.
4.2 Suspension
Suspension Guidelines
Suspension may be necessary in cases of suspected gross misconduct:
- Authorization: Nursery Manager must authorize suspension (Governors if concerning Manager)
- Notification: Face-to-face meeting followed by written confirmation within 7 working days
- Companion: Right to be accompanied by colleague or trade union representative
- Pay: Suspension on full pay during investigation
- Neutral Act: Suspension is precautionary, not disciplinary action
4.3 Investigation Process
| Stage |
Process |
Timeline |
| Appointment |
Independent investigating officer appointed |
Within 3 working days |
| Evidence Gathering |
Collection of facts, documents, witness statements |
Reasonable timeframe |
| Interviews |
Investigatory meetings with relevant parties |
Scheduled promptly |
| Outcome |
Written notification of investigation findings |
Within 5 working days of completion |
4.4 Disciplinary Hearing Notification
Written Notification Requirements
If proceeding to formal hearing, staff receive written notice including:
- Details of alleged misconduct and potential consequences
- Copies of all evidence and witness statements
- Date, time, and location of hearing (minimum 5 working days' notice)
- Right to be accompanied by colleague or trade union representative
- Names of witnesses the nursery intends to call
- Request for staff witness notification
4.5 Disciplinary Hearing Procedure
| Stage |
Process |
Rights |
| Presentation |
Management presents case and evidence |
Staff receive all evidence in advance |
| Response |
Staff present their case and response |
Right to ask questions and present evidence |
| Witnesses |
Examination of witness evidence |
Right to call relevant witnesses |
| Companion |
Support from colleague or union representative |
Companion may address hearing and confer |
4.6 Disciplinary Outcomes
Appropriate Actions
Following the hearing, possible outcomes include:
- No Action: Case not proven or minor issue resolved
- Informal Warning: Verbal warning with support measures
- First Written Warning: Formal warning valid for 12 months
- Final Written Warning: Serious misconduct or repeated issues
- Dismissal: Gross misconduct or failure to improve after final warning
Written notification of outcome provided within 7 working days.
4.7 Dismissal Authority
Decision-Making Process
The power to dismiss rests with the Governing Board. Once a dismissal decision is taken:
- Dismissal occurs with appropriate notice period
- Summary dismissal may apply in gross misconduct cases
- Referral to Teaching Regulation Agency for serious teacher misconduct
- Notification to relevant authorities where required
4.8 Appeals Process
| Stage |
Requirements |
Timeline |
| Submission |
Written appeal stating grounds, within 7 working days |
7 working days from decision |
| Appointment |
Independent appeals officer/panel appointed |
Within 3 working days |
| Hearing |
Impartial hearing with right to accompaniment |
Without unreasonable delay |
| Outcome |
Written notification of appeal decision |
Within 7 working days of hearing |
4.9 Special Circumstances
Additional Considerations
- Trade Union Representatives: Notify union and discuss with union official
- Concurrent Grievances: Related grievances run alongside disciplinary process
- Unrelated Grievances: Consider pausing disciplinary during grievance resolution
- Safeguarding Concerns: Immediate action and referral to appropriate authorities
5. Record Keeping
5.1 Documentation Standards
| Record Type |
Retention Period |
Access |
| Meeting Minutes |
Confirmed as accurate record of discussions |
Secure storage |
| Evidence Materials |
Duration of process plus 6 months |
Limited access |
| Disciplinary Actions |
As per warning validity periods |
Personnel file |
| References |
Proven offences disclosed in references |
Future employers |
5.2 Data Protection Compliance
All records are maintained in accordance with:
- UK GDPR and Data Protection Act 2018
- Nursery privacy notices and data protection policy
- Secure storage and appropriate retention periods
- Limited access to authorized personnel only
6. Monitoring and Review
6.1 Policy Management
- Biennial policy review by management and governors
- Regular monitoring of disciplinary cases and outcomes
- Annual reporting to Governors on disciplinary activity
- Continuous improvement based on case learning
- Staff consultation on policy updates
Appendix 1: Examples of Misconduct and Gross Misconduct
Misconduct Examples
Conduct Below Expected Standards
- Unauthorized absence or persistent lateness
- Inappropriate language in professional setting
- Failure to follow nursery policies and procedures
- Inappropriate use of nursery facilities or resources
- Non-compliance with reasonable management instructions
- Minor breaches of professional boundaries
- Poor timekeeping or unauthorized breaks
Gross Misconduct Examples
Serious Conduct Breaches
- Physical violence, assault, or threatening behavior
- Discrimination, harassment, or bullying of children, staff, or parents
- Theft, fraud, or deliberate misuse of nursery property
- Sexual misconduct or inappropriate relationships
- Serious safeguarding failures or breaches
- Gross negligence endangering children or staff
- Serious breaches of confidentiality or data protection
- Actions seriously damaging nursery reputation
- Deliberate damage to nursery property
- Serious departure from Teachers' Standards (where applicable)
- Undermining fundamental British values
- Abuse of position involving vulnerable children
