Disciplinary Procedure
The Man In The Moon aims to have a team of well-motivated, highly skilled and professional crew members. However, should the behaviour or performance of a crew member fall below the high standards that we expect we will follow the procedure set out below.
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Crew members will not be dismissed for a first breach of discipline except in the case of gross misconduct.
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Crew members have the right to appeal at all stages of the procedure and this will be confirmed within the warning or dismissal letter. The crew member will have the opportunity to ask questions and answer allegations and has the right to be accompanied by a colleague or union representative to disciplinary meetings.
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Minor offences
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We will try to resolve the matter through informal discussions with the crew member. If this does not resolve the problem, the formal disciplinary procedure will be followed.
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Formal disciplinary procedure
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The stages of the formal disciplinary procedure are:
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Formal verbal warning.
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​First written warning.
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Second written warning.
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​Dismissal.
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Disciplinary meetings
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For each stage of the procedure, we will hold a disciplinary meeting with the crew member to explore the misconduct or performance issue, and, if still applicable following the discussion at the meeting, will then issue the appropriate type of warning (or dismissal notice).
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Before the meeting
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Before each disciplinary meeting, we will write to inform the crew member of the date and purpose of the meeting, of the specific disciplinary issue to be discussed, and of their right to be accompanied by a colleague or union representative.
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After the meeting
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Following each disciplinary meeting we will write to the crew member to confirm:
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That a verbal, first written or final written warning has been issued (depending on the stage of the disciplinary process).
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What the warning was for.
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What improvement in conduct or performance is expected and within what timescale.
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The consequences of further misconduct or lack of performance.
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How long the warning will be kept on file.
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How they can appeal against the decision.​
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Keeping notes of warnings
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Notes of warnings will be kept in the crew member's file as follows:
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Formal verbal warning: A note of the warning will be kept on file, but will be disregarded after six months if their performance or conduct is satisfactory.
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First written warning: A copy of the warning will be kept on file, but will be disregarded after 12 months if their performance or conduct is satisfactory.
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Final written warning: A copy of the final written warning will be kept on file, but will be disregarded after 24 months if the performance or conduct of the member of staff remains satisfactory.
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Dismissal
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If during the period of the final written warning, there is a further breach of our rules, or if the crew member's performance has still not improved, dismissal will normally result. The organisation of the final disciplinary meeting at which this decision is made is the same as described above for the earlier disciplinary meetings.
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Immediately after the final disciplinary meeting, we will write to the crew member to confirm:
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That at the disciplinary meeting it was decided that their conduct/performance was still unsatisfactory and that they will be dismissed.
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Why they are being dismissed.
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When their last day of service will be.
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How they can appeal against the decision.​
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If the decision was taken not to dismiss the member of staff, this must also be confirmed in writing.
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Gross misconduct
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Crew members will be dismissed without notice if they are found to have committed an act of gross misconduct. Examples of gross misconduct include:
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Child abuse.
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Failing to comply with health and safety requirements.
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Physical violence.
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Ignoring direct instruction given by the manager.
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Persistent bullying, sexual or racial harassment.
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Being unfit for work through alcohol or illegal drug use.
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Theft, fraud or falsification of documents.
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Being disqualified under the terms of the Statutory Framework for the Early Years Foundation Stage (Section 75 of the Childcare Act 2006) of the Children's Act 1989.​​​​​
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We will investigate the alleged incident thoroughly before any decision to dismiss is made.
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Referral to Disclosure and Barring Service
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If a crew member is dismissed (or would have been dismissed if they had not left the setting first) because they have harmed a child or put a child at risk of harm, we will make a referral to the Disclosure and Barring Service.
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Notification to Ofsted
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We will notify Ofsted if a member of staff becomes disqualified, or if any significant event occurs which is likely to affect their suitability. Note that a crew member could become disqualified through the actions of a partner or housemate.
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Appeals
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A crew member wishing to appeal against a disciplinary decision must do so in writing, stating the grounds for the appeal, and within five working days of being informed of the decision. A meeting to hear the appeal will be set up no more than ten working days later. The crew member has the right to be accompanied to the appeal hearing.
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Where possible, someone who was not involved in the original disciplinary action, will hear the appeal and make an impartial and final decision. Within ten working days of the appeal hearing, they will inform the crew member in writing of the outcome of the appeal hearing.
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Related policies: Safeguarding and Grievance​
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​Reviewed: 10 May 2022
Review Period: 24 months​​