St Andrew’s Psalter Lane Church
Disciplinary and Dismissal Procedure
Based on the Methodist Church Disciplinary and Dismissal Procedure as amended December 2016.
- Introduction
St Andrew’s Psalter Lane Church (SAPLC) requires good standards of conduct from its staff members, together with satisfactory standards of work. The purpose of the procedure is to be supportive and corrective rather than punitive and it should be recognised that the existence of procedures such as these is to help and encourage staff members to achieve and maintain standards of conduct, attendance and job performance and to ensure consistent and fair treatment for all. This procedure has been written to reflect the principles set out in the ACAS Code of Practice and Guidance Notes on Disciplinary issues.
This policy applies to all lay employees who have successfully completed their probationary period. It does not apply to agency workers or self-employed contractors.
The Complaints and Discipline process as set out in Part 11 of Standing Orders (see Appendix 1) applies to all ministers regardless of the station to which they have been appointed. Further advice on specific matters should be sought from the Officer for Legal and Constitutional Practice.
This procedure does not form part of any staff members' contract and it may be amended at any time. We may also vary this procedure, including any time limits, as appropriate in any case.
- Policy Statement
As noted above, this policy takes into account ACAS advice and best practice. It is the policy of the Ecumenical Church Council (ECC) to ensure that any disciplinary or performance matter is dealt with fairly and that steps are taken to establish the facts. Staff members will not be subjected to formal disciplinary action (including dismissal) without being provided with the following:
- a written statement of the allegations
- a hearing before any decision is reached, and
- the right to an appeal hearing
- General Principles
Minor conduct issues can often be resolved informally between the member of staff and the Line Manager. These discussions should be held in private and without undue delay whenever there is cause for concern. In these cases, an informal verbal warning may be given. Such a warning lies outside this formal procedure, but a record should be kept of matters such as the date that it was issued, the areas of concern and required improvements.
Formal steps will be taken under this procedure if the matter is not resolved, or if informal discussion is not appropriate (for example, because of the seriousness of the concerns).
Except in cases of gross misconduct a staff member will not normally be dismissed for a first act of misconduct.
Staff will normally be given a warning and an opportunity to improve. Any steps under this procedure should be taken promptly unless there is a good reason for delay. Management may vary any time limits set out in this procedure if it is reasonable to do so and if this is the case, the member of staff’s agreement will normally be sought.
Should this agreement be withheld, it may be necessary to proceed without this, where Management considers that there is a justified reason to do so. It is often good practice to appoint a person to investigate any disciplinary concerns impartially (the ‘Investigating Officer’) and designate a person to manage the disciplinary process (the ‘case manager’).
If a member of staff has difficulty at any stage of the procedure because of a disability, they should discuss the situation with their line manager as soon as possible so that any reasonable adjustments can be identified and made.
In some situations, a staff member subject to this procedure may offer their resignation at a point before or during the proceedings. Management will consider these offers on a case by case basis. In situations where there is evidence of criminal activity or there is a safeguarding issue, Management may proceed with the disciplinary procedure in any event.
- Confidentiality
The aim during an investigation or disciplinary procedure is to deal with matters sensitively and with due respect for the privacy of any individuals involved, so far as this is reasonably possible.
All staff members must treat as confidential any information communicated to them in connection with an investigation or disciplinary matter. Failure to do so could itself lead to disciplinary action.
Members of staff are not permitted to make any electronic recordings of any investigative meetings, disciplinary or appeal hearings. A representative, or any companion or witnesses who may accompany a member of staff to any meetings or hearings are also forbidden from making electronic recordings. However, a note taker will be present at formal hearings in order to produce and distribute a summary of the meeting; however, this will not be verbatim.
A staff member will normally be told the names of any witnesses whose evidence is relevant to disciplinary proceedings, unless, in Management’s discretion, it is considered that a witness's identity should remain confidential. This would only happen in exceptional cases where there is a risk that harm may be suffered by the witness and this risk is felt to outweigh any prejudice that may be suffered by the staff member being disciplined in the event that they are not told of the witness's identity.
Witnesses must treat as confidential any information given to them in the course of an investigation or hearing, including the identity of any staff members under investigation.
- Investigation
The purpose of an investigation is to establish a fair and balanced view of the facts before deciding whether to proceed with a disciplinary hearing or take informal action. The investigation will depend upon the allegations and will vary from case to case. This may involve reviewing any relevant documents, interviewing the member of staff concerned and any witnesses, taking witness statements and any other action deemed appropriate by Management to fully establish the facts of the matter.
Investigative interviews are solely for the purpose of fact-finding and no decision on disciplinary action will be taken until after a disciplinary hearing has been held.
A staff member may bring a representative with them to the investigative meeting (see paragraph 8).
Staff members must cooperate fully and promptly in any investigation. This will include informing Management of the names of any witnesses they consider to be relevant to the matter, disclosing any relevant documents to Management and attending any investigative interviews.
The amount and scope of investigation required will depend on the nature of the allegations and will vary from case to case.
Where a staff member's conduct is subject to criminal investigation, charge or conviction Management will investigate the facts before deciding whether to take formal disciplinary action. We will not usually wait for the outcome of any prosecution before deciding what action, if any, to take. Where the staff member is unable or has been advised not to attend a disciplinary hearing or say anything about a pending criminal matter, Management may have to take a decision based on the available evidence. A criminal investigation, charge or conviction relating to conduct outside work may be treated as a disciplinary matter if we consider it to be relevant to the work undertaken by any of the individuals covered by this policy.
6. Suspension
In cases where the staff member’s continued presence in the workplace would hinder an investigation, Management may need to suspend the staff member from work while an investigation or disciplinary procedure is ongoing. The suspension will be for no longer than necessary and will be kept under review. Management will confirm the arrangements to the staff member in writing.
A suspended member of staff who attends or is a member of a Methodist Church must inform their manager of this when suspended in order to establish whether this attendance or membership has any bearing on the investigation.
Suspension of this kind is not a disciplinary sanction, is a neutral act, and does not imply that any decision has already been made about the case. Suspension will be on full pay.
- Formal Disciplinary Procedure
7a. Written Information
Following any investigation, if Management considers there are grounds for disciplinary action, the staff member will be informed in writing of the allegations against him/her and the basis for those allegations. This will normally include:
- a summary of relevant information gathered during the investigation
- documents which will be used at the disciplinary hearing, and
- witness statements which will be used at the hearing, except where a witness's identity is to be kept confidential, in which case Management will give the staff member as much information as possible while maintaining confidentiality.
7b. Disciplinary Procedure
Management will give the staff member a minimum of 5 working days’ notice of the date, time and place of the disciplinary hearing, and the names of those attending (unless it is necessary to protect the confidentiality of witnesses). If the staff member wishes to submit any written evidence to the hearing or call any witnesses, a copy of the written evidence and names of witnesses must be submitted to the manager who will be chairing the meeting at least 2 days before the date of the hearing.
The hearing will be chaired by a manager who has not been involved in the investigation. The investigating officer will also be present.
For cases that involve the potential dismissal of a staff member the Chair must be appointed by or on the authority of the Chair or the Secretary of the ECC or the Minister in Pastoral Charge, in consultation with the District Lay Employment Secretary, to ensure an appropriate level of independence.
The staff member may bring a representative with him/her to the disciplinary hearing. The staff member must take all reasonable steps to attend the hearing. If the staff member or their representative cannot attend at the time specified, they should inform Management immediately and an alternative time may be agreed. If it is not possible to arrange a mutually convenient alternative time or Management is unable to contact the staff member despite making reasonable attempts to do so, the hearing may proceed in their absence. The hearing may also proceed in the staff member's absence if it is considered that they have shown themselves to be persistently unwilling or unable to attend the hearing.
The staff member may ask relevant witnesses to appear at the hearing provided that they give the chair of the disciplinary meeting sufficient advance notice to arrange their attendance.
The purpose of the disciplinary hearing is to enable the Chair to consider the evidence and to enable the staff member to respond to the allegations that have been made against them. If the staff member has a representative, they may make representations to the Chair and ask questions, but should not answer questions on the staff member’s behalf. The staff member may request a short adjournment in order to confer privately with their representative at any time during the hearing. The process to be followed at the hearing is as follows:
- The Chair opens the proceedings by introducing all parties and reading out the disciplinary charges to be considered.
- The Chair begins by presenting the case, using evidence previously submitted and calling witnesses as appropriate.
- The staff member and their representative respond to the alleged charges calling witnesses as appropriate. Both the Chair and the staff member may ask questions of the witnesses.
- The Chair may then ask questions of the staff member and their representative.
- The Chair may then sum up their case and may not present any new evidence at this point.
- The staff member may then sum up their case and may not present any new evidence at this point.
- The Chair will withdraw from the hearing to consider the case, including the evidence which has been submitted prior to the hearing.
- The Chair may adjourn the disciplinary hearing if they feel that they need to carry out further investigations, such as re-interviewing witnesses in the light of any new points which the staff member has raised at the hearing. The staff member will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened.
- The Chair of the Hearing will inform the staff member in writing of their decision concerning the disciplinary charges, and the sanction to be applied, together with the reasons for their decision. The staff member will also be informed of the right of appeal.
7c. Appeals
An appeal must be submitted in writing, to the Chair or the Secretary of the ECC or the Minister in Pastoral Charge stating the full grounds of appeal within 5 working days of the date on which the staff member (the appellant) received written notification of the decision.
Appeals may be made on the basis of the severity of the disciplinary penalty received at the hearing, or on findings of fact. It is not permissible to simply appeal because the staff member is generally unhappy with the outcome of the hearing. Rather, the staff member must set out clearly the issues they wish the appeal hearing to consider i.e. Findings of fact, or the severity of the disciplinary penalty.
The appeal hearing will be chaired by the Chair or the Secretary of the ECC or the Minister in Pastoral Charge who will give the staff member written notice of the date, time and place of the appeal hearing. 5 days’ notice will be given of the date of the appeal hearing.
The appeal hearing will normally be conducted by a more senior manager than the person who chaired the original disciplinary hearing.
Appeals against dismissal will be heard by a nominated appeals panel of three members, chaired by the Chair of the District or their nominated representative. Nominations will be agreed by the Chair of the District. No member of the appeals panel will have had direct involvement in the specific decision being appealed. Members of the appeals panel must declare any other conflict of interest to the Chair of the District.
The staff member may bring a representative with them to the appeal meeting (see paragraph 8).
The order set out below will be followed at the hearing:
- The Chair will introduce all parties
- The staff member (appellant) will present the basis for their appeal, and may use the evidence included in the appeal documentation previously submitted, calling witnesses from the original hearing as appropriate
- The Chair of the Appeal Hearing may ask questions of the staff member
- The Chair of the Appeal Hearing may also call the Chair of the original disciplinary hearing to provide evidence on the evidence which led him/her to make the original disciplinary decision. The Chair and the appellant may ask questions of the Chair of the original disciplinary hearing.
- The Chair may then sum up and may not introduce any new evidence.
- The staff member may then sum up and may not introduce any new evidence.
Following the appeal hearing the Appeal Hearing may:
- confirm the original decision
- revoke the original decision, or
- substitute a different disciplinary sanction.
The Chair of the Appeals Panel will inform the staff member in writing of the Panel’s final decision as soon as possible following the appeal hearing and within 5 working days. There will be no further internal right of appeal.
The date on which any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the staff member will be reinstated with no loss of continuity of service or pay.
- Right to be Accompanied
A staff member may bring a representative to any disciplinary or appeal hearings under this procedure. The representative may be either a trade union representative or a work colleague. The staff member must tell the Chair of the Disciplinary Hearing / Appeal Hearing the name of the representative 3 days prior to the hearing.
The Chair of the hearing may, at their discretion, allow the staff member to bring a representative who is not another staff member or union representative (for example, a family member) where this will help overcome a particular difficulty caused by a disability, or where the staff member has difficulty understanding English.
Acting as a representative is voluntary and staff members are under no obligation to do so. Staff members will be allowed reasonable time off from duties without loss of pay to act as a representative.
If the staff member’s choice of representative is unreasonable the person conducting the hearing or appeal may ask him/her to choose someone else. For example:
- If in the Chair’s opinion the representative may have a conflict of interest or may prejudice the hearing, or
- If the representative is unavailable at the time a hearing is scheduled and will not be available for more than five working days.
9. Dismissals and Disciplinary Action
9a. Types of Offences
Offences which may be found to be minor, depending on the circumstances, include but are not limited to: poor job performance involving sub-standard work, unsatisfactory time-keeping, absenteeism or some breaches of SAPLC policies.
Offences which may be found to be serious, depending on the circumstances, include but are not limited to: negligence resulting in minor loss damage or injury, failure to comply with a specific instruction, breach of the Equality, Diversity and Inclusivity Policy, activities or impropriety in relation to the staff member’s tasks for SAPLC whether or not within working hours which the ECC reasonably considers to be detrimental to or conflicting with the interests of SAPLC or likely to affect the staff member’s standard of work, failure to disclose any personal interest of the staff member which conflicts with any interest of SAPLC or any breach of confidence relating to SAPLC or other organisations involved with SAPLC.
Gross Misconduct includes but is not limited to: serious carelessness or negligence resulting in serious loss damage or injury, fighting with or physical assault or attempted assault upon staff members, volunteers or members of the public, theft, malicious damage to property, wilful disregard of duties or of instructions relating to employment, serious breach of safeguarding issues, serious breach of the Equality, Diversity and Inclusivity Policy, serious acts of bullying or harassment, deliberate serious breach of confidence relating to SAPLC or its affairs, the use for personal ends of confidential information obtained by the staff member in the course of his work , misuse of SAPLC’s IT systems and fax/telephone facilities, downloading of offensive material such as pornographic or racist material from the internet, e-mailing such material to staff, falsification of records, conduct violating common decency or conviction on a criminal charge relevant to the staff member’s work, conduct which demonstrably brings the Church into disrepute, being under the influence of alcohol or drugs during working hours.
These are non-exhaustive examples of the sort of offences which if committed will lead to disciplinary action. In addition, poor performance may lead to disciplinary action, including dismissal. A finding of gross misconduct will result in dismissal without notice or pay in lieu of notice.
9b. Disciplinary Sanctions
SAPLC aims to treat all staff members fairly and consistently. Disciplinary action previously taken against other staff members for similar misconduct will usually be taken into account but should not be treated as a precedent. Each case will be assessed on its own merits.
Depending on the seriousness of the matter (whether relating to conduct or poor performance) any of the following stages may be omitted.
9c. Stage One: First Written Warning
A first written warning will usually be given for:
- first acts of more serious misconduct or instances of poor performance, where there are no other active warnings on the staff member’s disciplinary record, or
- further misconduct or poor performance where a verbal warning has been given
The warning will set out the nature of the misconduct or poor performance (i.e. the findings of the disciplinary hearing), the change in behaviour required and over what period, and the likely consequences of further misconduct or poor performance.
The warning will be placed on the staff member’s personnel file and will remain active for a specified period from the date it is given, after which time it will be disregarded in deciding the outcome of any future disciplinary proceedings. The staff member’s conduct may be reviewed at the end of this period and if it has not improved sufficiently Management may convene another hearing under this procedure.
9d. Stage 2: Final Written Warning
A final written warning will usually be given for:
- misconduct or poor performance where there is already an active warning on the record, or
- cases where there is no active written warning on file, but the Chair of the Disciplinary Hearing considers that the misconduct or poor performance is sufficiently serious to warrant a final written warning.
The warning will set out the nature of the misconduct or poor performance, the change in behaviour required and over what period, and the likely consequences of further misconduct.
The warning will be placed on the staff member’s personnel file and will remain active for a period to be specified. The staff member’s conduct may be reviewed at the end of this period and if it has not improved sufficiently a further hearing may be required at which the staff member’s future employment will be considered After the active period it will be disregarded in deciding the result of future disciplinary proceedings.
9e. Stage 3: Dismissal
The Chair of a disciplinary hearing may decide to dismiss a staff member in the following circumstances:
- misconduct or poor performance where there is an active final written warning on the staff member’s record, or
- gross misconduct regardless of whether the staff member has received any previous warnings.
Gross misconduct will usually result in summary dismissal, that is, dismissal without notice or payment in lieu of notice.
In cases not involving gross misconduct the staff member will be given his/her full contractual notice period, or payment in lieu of notice.
9f. Alternative Sanctions Short of Dismissal
In appropriate cases the Chair of the Disciplinary Hearing may consider some other sanction short of dismissal, such as:
- demotion
- transfer to another role (where performance will continue to be monitored)
These sanctions may be used in conjunction with a written warning.
10. Decisions
Actions short of dismissal may be taken by the chair of the disciplinary hearing.
The decision to dismiss a member of staff may only be made by, or on the authority of the Chair or the Secretary of the Church Council or the Minister in Pastoral Charge in consultation with the District Lay Employment Secretary.
11. Review
The Disciplinary and Dismissal Procedure will be reviewed annually.
This version approved by the ECC, 25th November 2024. Next review due November 2025.
Complaints and Discipline Procedures:
A guide for those involved
The Methodist Church recognises that now and again incidents of inappropriate behaviour occur within its membership and it has procedures in place for dealing with complaints.
This introduction is for those who wish to complain or who may face a complaint. It is also for those who may be asked to deal with a complaint locally and informally.
The aim of the procedure is not to trivialise serious complaints or to allow trivial matters to be treated as a crisis. The emphasis is to resolve problems locally while retaining powers of discipline for serious matters. The aim is to protect those who believe they have a legitimate grievance whilst allowing the basic pastoral and conciliatory character of the Church to be maintained.
Has there always been conflict in the Church?
Matthew 18:15-20: “If another member of the church sins against you, go and point out that fault when the two of you are alone. If the member listens to you, you have regained that one. But if you are not listened to, take one or two others along with you, so that every word may be confirmed by the evidence of two or three witnesses. If the member refuses to listen to them, tell it to the church; and if the offender refuses to listen even to the church, let such a one be to you as a Gentile and a tax collector. Truly I tell you, whatever you bind on earth will be bound in heaven, and whatever you lose on earth will be loosed in heaven. Again, truly I tell you, if two of you agree on earth about anything you ask, it will be done for you by my Father in heaven. For where two or three are gathered in my name, I am there among them.” (NRSV).
What are the Complaints and Discipline procedures for?
Through these procedures, members of the Methodist Church are accountable to the Church in matters of faith and behaviour. The Church seeks to enable healing and reconciliation to take place. Each of us needs to accept responsibility for our own acts and omissions.
Are the procedures for everyone?
A complaint may be made by anyone. The Methodist Church is committed to equality and diversity in all aspects of its life. Race, gender, age, disability or sexuality are no barriers when people seek fairness, openness, honesty and justice in their dealings with those who are part of the Methodist Church.
What is a complaint?
A statement objecting to the words, acts or omissions of a member or office holder of the Methodist Church and requesting that action should be taken.
The complaint can be made orally or preferably in writing to any member or officer of the Church, who must then take action upon it. The person who is told such information is described as the “recipient”.
What does a recipient do with the information?
The recipient should ask the question “Who should I now tell about this information and how soon? Can I help to easily resolve the matter or should I report it to my minister or to the local complaints officer (normally the Superintendent Minister) who may explore whether reconciliation could be achieved?”
More serious complaints will be handled through formal procedures by people outside the local situation who have appropriate skills, training and experience. These will be complaints, for example, of serious or persistent misconduct, of racial, child or sexual abuse or abuse of a disabled person, of criminal offences or convictions or cautions.
What happens next?
The more serious complaints, and any complaints which cannot be resolved informally, are dealt with formally. The local complaints officer will record the complaint in writing. The person complained against, called the respondent, will normally be seen and a statement will be taken. Either party may be accompanied at such meetings and both are offered support from those who know the system. The local complaints officer will usually defer any action whilst a police investigation or employment disciplinary inquiry is proceeding.
The local complaints officer will try to achieve resolution but, if the matter is too serious or if resolution is not practicable, (s)he must then decide what to do and, where appropriate, pass the complaint on to the next stage in the procedure for investigation. Where a complaint appears to be unrelated to the respondent’s standing in the Methodist Church and is essentially a private matter between the parties, the complaint may not be referred any further. This decision is taken on the nature of the complaint, not whether it is to be believed or not. The local complaints officer will inform the parties of the decision and, if the complainant is not satisfied, there are rights to pursue the matter.
Investigating a complaint - the Connexional Complaints Panel.
The Methodist Conference has appointed a panel of lay and ordained members of the Church who have among them expertise in the sort of issues which comprise many complaints.
From this panel a team of three will be selected, who will study the papers received from the local complaints officer and decide upon the best course of action within the standing orders of the Church. They will encourage all those they see to prepare written statements and to send in advance any supporting papers. At any meeting the complainant and respondent are entitled to be represented or accompanied.
When they have gathered all necessary information, the team members will consider their options, including reconciliation. Reconciliation may involve no more than an admission of fault or an acceptance by both parties that they have genuine and honest differences or that they have interpreted facts differently. Where reconciliation is not achieved the team will have to consider what action to take.
If the facts do not merit treating the matter as a serious complaint (see below), the team may take a number of other steps, including ruling on points in dispute between the parties, issuing advice to one or both parties or giving directions about how the parties should conduct their relationship in the church context.
If the complaint affects the life of the local church or circuit the team may direct that its decision be announced in the church or circuit.
What happens to serious complaints?
If there is evidence that the respondent has committed a serious breach of the discipline of the Church, has seriously disregarded a resolution of the Conference or the usage of the Church or has or might have seriously impaired the mission or witness of the Church by his/her acts or omissions, the team may refer the matter to a Connexional Advocate who will prepare and conduct proceedings before a connexional discipline committee.
The Disciplinary Hearing - The Connexional Discipline Committee
A Connexional Discipline Panel is appointed by the Conference and consists of lay and ordained persons with a wide knowledge of Methodism. Five persons from it will be selected to sit on the committee. The chair is always a person with relevant legal experience, and the committee will always include a past President or Vice-President of the Conference. A convener is appointed for each case to make the necessary administrative arrangements, contact parties and witnesses and write a report of the proceedings. The respondent will also be offered a Connexional Advocate to present his/her case. The respondent may instead bring his/her own representative but is likely to have to meet the cost.
At the hearing the Connexional Advocate presenting the charge will call evidence. The respondent (through his/her representative if any) can cross examine the witnesses and the committee members may ask questions. The respondent’s case will be heard similarly and after each side has summed up his/her case, the committee will proceed to reach a decision which will then be announced.
If the charge is established, the committee can take a wide range of steps. The most serious is to order that a minister (whether a presbyter or a deacon) or probationer shall cease to be in full connexion i.e. dismissed. Office holders may be deprived of their office and members may be deprived of their membership. The committee can instead impose a lesser penalty such as a reprimand or can decide that the fact that the charge has been established is sufficient penalty in the circumstances.
Appeals
There are provisions for appeals from the decisions of complaints teams and discipline committees and there are detailed rules for time limits and notices.
Time limits
The period while a complaint is being considered is a difficult one for the parties, so there are time limits for the various stages. It is the duty of all involved to give precedence to the investigation, determination and resolution of complaints.
Review
The Complaints and Discipline Procedures Guide will be reviewed annually. The next review is due in November 2025. This version agreed and accepted by the Ecumenical Church Council, 25th November 2024.
The complaints and discipline procedures are contained in Part 11 of the Constitutional Practice and Discipline of the Methodist Church (CPD), which should be referred to by those involved. There is a copy on the church’s website www.methodist.org.uk. The diagram illustrates the main stages in the procedures.