Conduct Policy : conduct hearing outcome - alternatives to dismissal letter
Use this letter template when writing to an employee confirming the outcome of a conduct hearing and alternative options to dismissal.
STRICTLY PRIVATE & CONFIDENTIAL
[Recipient's name & address]
Dear <Title, Surname>,
Outcome of Conduct Hearing
Thank you for attending the conduct hearing on <DD/MM/YYYY>, at <Location>. I confirm that the hearing was held in accordance with the NHSScotland Conduct Policy. The purpose of the hearing was to consider the following allegation(s):
[The details provided here should be the same as the details provided to the employee in their original letter advising them of the allegations with further detail that has become clear during the investigation, or with any additional allegations that have been added as part of the investigation process and the employee has had an opportunity to respond to. Equally, if an allegation has been removed following the investigation, this should be clearly indicated .]
I chaired the hearing, supported by <First Name, Surname, Job Title of the HR Representative> and <First Name, Surname, Job Title><who provided><professional><technical><educational> advice. <First Name, Surname, Job Title> presented the findings from the investigation, along with <First Name, Surname, Job Title of HR representative>. At the meeting you were <represented>< accompanied> by <First Name, Surname><Union><job title>< <were not represented or accompanied and were happy to proceed on that basis>.<First Name, Surname, Job Title> attended as a witness for <management><for you>. <You><management> decided not to call any witnesses to the hearing.
Prior to commencing the hearing, you confirmed that you had received a full copy of the investigation report.
Having taking into consideration all of the information that was presented to me including you and <First Name, Surname, Union’s> response to the allegations, please find below the findings relating to the allegation(s).
1. The allegation of ###
[Provide details of the evidence that was considered – both oral and documentary where relevant and summarise the case which was presented and any mitigating factors specific to the individual allegation]
In respect of this allegation I find that there is <evidence><insufficient evidence> to support this allegation.
[Repeat for each allegation].
<There was no mitigation offered to explain your <actions><and><behaviour>.<While you offered mitigation related to <insert details of the mitigation> I deemed the allegation<s> sufficiently serious that <it><they> could not be outweighed by this.
In coming to my decision I have taken the following factors into account [insert your own findings or examples of possible factors from the following list]:
- Your length of service and the fact that no other significant incident has been raised;
- That you have had no previous indication of issues of this nature being raised by staff;
- The length of time which has elapsed before the original incident was raised;
- That you had received <no><insufficient> training in this area.
<Notwithstanding the mitigation <offered><considered> I concluded that your <actions><and><behaviour> <was><were> a breach of the NHSScotland Guide to Expected Standards of Conduct in that you <Insert Relevant catch all description from guide available in Supporting Documents that covers the allegations outlined>. <In addition you displayed <actions><behaviour> that may be deemed unprofessional conduct relating under the following sections of the <Insert professional body e.g. NMC Code of Conduct>:
- Paragraph <Insert Paragraph number<s> and the detail>
Having taken into account the evidence <and mitigation> outlined above I would advise that I considered your <actions><and><behaviour> [Insert if not all allegations are deemed gross misconduct <specifically in relation to Allegations <Insert numbers>] to [if individual allegations do not amount to gross misconduct insert <cumulatively>] constitute gross misconduct. On that basis, dismissal would normally be the appropriate sanction. However, having reviewed the representations in your case and the mitigation put forward for your conduct, I decided not to dismiss you but to impose a sanction short of dismissal. As an alternative to dismissal you will be [insert agreed sanction <<subject to <a period of retraining related to <area of retraining and anticipated length><< <permanent><temporary> demotion to <job title><Band>. Protection of earnings do not apply in such cases.> >> <Redeployment to an identified alternative post><Relocation to <insert site>.
In addition, I am issuing you with a <First and Final><Final> Warning which will be disregarded for conduct purposes after 12 months. If there are any further instances of such misconduct, you will be subject to further investigation and you may be dismissed.
[insert if individual has other substantive or contract for service with the Board]
<In reaching my decision, I also considered whether the allegations against you were relevant in relation to your <bank contract><other substantive employment> with the Board. I concluded that the allegations were directly relevant and therefore my decision related to your directly affected post will apply equally to your <Bank contract><other substantive employment>.
[Insert for individuals in covered by professional bodies and/or in regulated work who have been removed from professional or regulated work as part of the alternative to dismissal]
<On the basis that you have been removed from your employment as a <insert profession> with the Board, you should be aware that arrangements will be made to <refer your case to><update> the <Insert relevant professional body i.e. NMC>]. <In addition, there is a requirement under the Protecting Vulnerable Groups legislation to make a referral to Disclosure Scotland regarding the decision to remove you from regulated work.>
You have the right to appeal against my decision. Should you wish to do so, you must submit your appeal in writing, stating the grounds for your appeal, no later than 14 calendar days from receipt of this letter to <First Name, Surname, Job Title> <Address>.
<First Name Surname>
[of Chairperson at the Disciplinary Hearing]
cc: <First Name, Surname> <Investigating Manager>
<First Name, Surname><Line Manager if not the investigating Manager>
<First Name, Surname><HR support to Investigating Manager>
<First Name, Surname> <Trade Union Representative>
<First Name, Surname> <Others on Panel>