Disciplinary and Grievance Procedures

These are the disciplinary and grievance procedures for Linlithgow Amateur Musical Productions incorporating LAMP Children’s Theatre (hereafter referred to as the Society).

 

Disciplinary Procedures

These are the procedures by which the Management Committee and/or Executive Committee may elect to sanction members of the Society.

 

Misconduct

This is conduct which is sufficiently serious that it requires disciplinary action. To warrant dismissal, misconduct must be extremely serious, or repeated on more than one occasion. Misconduct can include but is not limited to persistent lateness, unauthorised absence, failure to meet known work standards, smoking in non-smoking areas, misuse and/or abuse of props and other conduct which brings the Society into disrepute.

 

Gross misconduct

This is the term used for serious misconduct, which may lead to instant dismissal (that is, summary dismissal). Acts that constitute gross misconduct are criminal acts, anti-social acts, those resulting in a serious breach of contractual terms or those which bring the Society into serious public disrepute or ridicule. They might include, but not limited to the following:

  • Theft, fraud or deliberate falsification of records.
  • Physical violence.
  • Serious bullying or harassment.
  • Sexual harassment or assault.
  • Serious insubordination.
  • Serious incapability brought about by alcohol or illegal drugs.
  • Endangering others through deliberate breach of Health & Safety procedures.

In the case of gross misconduct the Society should suspend the person and carry out an investigation.

Any member of the Society may report a matter which they consider to be misconduct. In the first instance this should be to any member of the Management Committee, who will then directly inform the President. Within 7 days, the President will inform the complainer and the member involved in the matter raised, that a complaint has been received and they will be invited to formally comment further and respond to any allegations. The President will convene a special Disciplinary Meeting of the Executive Committee (consisting President, Vice President, Treasurer and Secretary) as soon as is reasonably practicable, and within 21 days of receipt of the original complaint.

The Executive Committee will assess all the evidence available and invite parties to the meeting if appropriate. Once due consideration is given, the Executive Committee will recommend either no sanction or to issue a reprimand or warning to the member(s) involved. 

 

Types of warning

 

First Oral Warning:

In the case of a minor infringement the person may be given a formal oral warning by the President. They should be told of the reasons for the warning, that it is the first step in the disciplinary process and that they have the right of appeal.

 

First Written Warning:

If the infringement is regarded as more serious, the person may be given a formal written warning, giving the details of the complaint, the improvement required, the timescale allowed for this and the right of appeal. The warning should also state that a final written warning might be considered if the desired change doesn’t occur.

 

Final Written Warning:

Where there is failure to improve the behaviour, or an infringement which is considered sufficiently serious, the person may be given a final written warning. This should include details of the offence and that failure to improve may result in dismissal and the right of appeal.

 

Dismissal or other sanction

If the behaviour remains unchanged then the sanction imposed may include suspension, demotion, loss of seniority or dismissal.

Any decision to dismiss will only be taken in the most extreme circumstances. The person should be informed as soon as possible and informed also how to appeal the decision. The decision to dismiss must be confirmed in writing and the person has the right to request to have a written statement of the reasons for dismissal.

 

Recording

The society should ensure that a record is kept of all written warnings. However, any disciplinary action taken (other than dismissal) should be disregarded after a specified period of time. The severity of the action taken will take different periods of time before they are disregarded eg.

  • Verbal and First Written Warnings for minor offences will be valid for 6 months.
  • Final warnings may remain in force for 18 months.

The individual concerned will be informed of the period after which this warning will be disregarded. Once the time limits have been passed, warnings should be disregarded in any further disciplinary proceedings. These records should be kept confidential and retained in accordance of the disciplinary procedure and the Data Protection Act 1998, which requires the release of certain data to individuals on their request.

 

Appeals

The opportunity to appeal against a disciplinary decision is essential to natural justice. Appeals should be dealt with as promptly as possible. The member will have 14 days from receipt of the warning or dismissal to lodge an appeal.

Individuals will be informed of arrangements for appeal hearings with minimum 7 days’ notice  and also of their right to be accompanied. The individual will be informed of the result of the hearing within 14 days and this will be confirmed in writing.

The Management Committee will decide who will sit on any appeal panel. The appeal panel will consist of four members. The President will chair the meeting and the other panel members will comprise of one member drawn from the Executive Committee, one member drawn from the Management Committee and a neutral outsider, decided upon by the Management Committee.

 

 

Grievance Procedure

These are the procedures to enable members of the Society o make a complaint about other members of the Society.

 

INFORMAL PROCEDURE

 

Complaints where appropriate should be dealt with informally, by discussion with:

  • The person concerned, or
  • The complainant and the President.

The President may take the matter up with the person concerned if requested to do so by the complainant.

Such informal discussions should not be officially recorded and it will be made clear that they do not form part of the official grievance procedure.

 

FORMAL PROCEDURE

Support

At any stage during this process the complainant can seek support from the President.

This might be to:

  • listen and offer moral support;
  • explain any bit of the procedure;
  • help identify the options open to the complainant;

 

Recording 

The outcome at each stage of the formal procedure should be recorded. The record will include:

  • a note of any agreed corrective action;
  • a note of any warning that has been given and the period after which this warning will be disregarded.

Copies of this sheet will be given to each party.

 

THE PROCEDURE

 

STAGE ONE:

The grievance should be raised with the President. This should be done in writing. The President will convene meetings with relevant parties to look into the grievance if possible within 14 days of receiving the request. The President alone makes the decision, but may consult with the rest of the Executive Committee before any decision is made. If the situation is potentially a disciplinary one the disciplinary procedure will be followed.

 STAGE TWO:

If the grievance is still not resolved to the satisfaction of the complainant s/he must make a written request to the President for stage two (the appeal stage of the grievance procedure.) At this point the Executive Committee as a whole will convene a meeting within 21 days of receipt of the formal request for the appeal stage of the grievance procedure to investigate the complaint. If the Executive Committee deem the situation is potentially a disciplinary one the disciplinary procedure will be followed.

If the grievance is against the President, the complainant should speak to the Society’s Secretary about how to propose a motion of censure or no confidence at a General Meeting of the Society.