Code of Conduct Policy
Part 1: Conduct
AET HR 02 Review June2014
Adopted and ratified by the Academies Enterprise Trust Board on: / June 2012Review Date: / June 2014
As defined by the AET Governance and Accountability Framework (ARCI)
Accountability: / AET Board
Responsibility: / AET Board
Local Board of Governors
Code of Conduct Policy
Policy content
Part 1 – Conduct
1.Introduction
1.1.Scope
2.Roles and Responsibilities
3.Standards
4.Confidentiality
5.Use of E-mail, Mobile Phones and the Internet
5.1.Social networking
5.2.Mobile Phones and driving
5.3.Mobile Phone Security………………………………………………………………………………………………………9
6.Relationships
6.1.Governing Body Proceedings
6.2.The Community and Service Users
6.3.Contractors
6.4.Close personal relationships at work
7.Political Neutrality
8.Financial Resources
9.Sponsorship
Part 2 - Whistleblowing Policy
1.Introduction
1.1.Scope
2.Definition
3.Raising a Concern
4.Confidentiality
5.External disclosures
6.Investigation and outcome
7.If a member of staff is not satisfied
8.Protection and support for whistleblowers
9.Responsibilities
10.Contacts
Part 3 - Confidentiality
1.Types of Confidential Information...... 21
2.Transfer of Information...... 21
3.Different Forms...... 22
4.Responsibilities...... 22
Part 4 - E-mail and Internet Usage
1.Introduction
2.Usage at Work6
3.Usage at Home
4.E-Mail Protocols
5.The Law8
5.1.Specific Legislation......
6.E-Mail Good Practice Guide...... 30
Part 5 - Close Personal Relationships
1.Introduction
2.Management3
3.References
4.Impact
Appendix A …………………………………………………………………………………………………………………………………………35
Examples of Gross Misconduct……………………………………………………………………………………………………… 35
Appendix B………………………………………………………………………………………………………………………………………..37
Glossary and Status of the Policy and Guidance…………………………………………………………………………….37
Code of Conduct and Whistleblowing Policy1 | Page 37
1.Introduction
- The Company is committed to providing a professional and ethical environment, which serves and protects the whole Academy community. Certain expectations for good conduct are described in specific policies and procedures e.g. discipline and equal opportunities and professional expectations are set out in national and local conditions of service and by professional bodies e.g. the Teaching Agency. This Code supplements these and provides additional guidance for adults working in the Academy.
- The overriding expectation is that adults will adopt high standards of personal conduct in order to maintain the confidence and respect of their colleagues, pupils or students’ public in general and all those with whom they work. This means that adults should not behave through words, actions or inaction in a manner which would lead any reasonable person to question their suitability to work with children or act as a role model
1.1.Scope
- This Code applies to all adults working at the Academy and voluntary workers. Reference to employees in the policy includes all of these workers.
- In this document “The Company” will refer to the Academies Enterprise Trust or the London Academies Enterprise Trust as appropriate.
- Any breaches of the Code of Conduct Policy will be regarded as a serious matter which could result in disciplinary action, and possible dismissal.
2.Roles and Responsibilities
- It is the responsibility of the Company to establish and monitor standards of conduct and behaviour, including the establishment of relevant policies and procedures.
- It is the responsibility of the Principal and other managers to address promptly any breaches of good conduct and behaviour, using informal procedures where possible, but implementing formal procedures where necessary.
- It is the responsibility of all staff to familiarise themselves, and comply, with this Code, policies, procedures, conditions of service and relevant professional standards.
3.Standards
- There is an expectation that Academy employees will provide the highest possible standard of service to the public through the performance of their duties. Employees will be expected through agreed procedures and without fear of recrimination, to bring to the attention of their line manager any deficiency in the provision of service. Employees must report to the appropriate manager/the Governing Body any impropriety or breach of procedure.
- The company has aWhistleblowing policy in Part 2 of this document.
4.Confidentiality
- Working in the Academy environment necessarily means having access, in a variety of ways, to information that must be regarded as confidential.
- As a general rule, all information received in the course of employment, no matter how it is received, should be regarded as sensitive and confidential. Employees should use their discretion regarding these matters, should refer to the Data Protection Policy and the requirements of the Freedom of Information Act and, if in doubt, should seek advice from the Principal or their line manager.
- Further details on confidentiality can be found in Part 3 of this document.
5.Use of E-mail, Mobile Phones and the Internet
- Those that use the Academy’s electronic mail services and/or the internet are expected to do so responsibly and to comply with all applicable laws, policies and procedures of the Academy, and with normal standards of professional and personal courtesy and conduct.
- Computers, laptops and mobile phones loaned to employees by the Academy are provided solely to support their professional responsibilities and employees must notify their employer of any proposed significant personal use.
- Electronic media must not be used for knowingly viewing, transmitting, retrieving, or storing any communication that is:
- Discriminatory or harassing
- Derogatory to any individual or group
- Obscene or pornographic
- Defamatory or threatening
- Illegal or contrary to the Academy’s policies or business interests.
- All forms of chain mail are unacceptable and the transmission of user names, passwords or other information related to the security of the Academy's computers is not permitted.
- The e-mail system and the internet/intranet are business tools provided to staff and other users at significant cost. Hence, it is expected that this resource will be used primarily for business-related purposes. Reasonable access and use of the internet/intranet and e-mail facilities is also available to recognised representatives of professional associations i.e. Union Officers.
- The Academy’s e-mail and internet service may be used for occasional and incidental personal purposes, with the approval of the Principal, provided that it does not:
- Interfere with the Academy’s operation of computing facilities or e-mail services.
- Interfere with the user’s employment or other obligations to the Academy.
- Interfere with the performance of professional duties.
- Is of a reasonable duration and frequency.
- Is performed in non-work time.
- Does notoverburden the system or create any additional expense to the Academy.
- Such use must not be for:
- Unlawful activities.
- Commercial purposes not under the auspices of the Academy.
- Personal financial gain.
- Personal use inconsistent with other Academy policies or guidelines.
- Further details on the use of e-mail and the Internet can be found in part 4 of this document.
5.1.Social networking
- The purpose of including this in this policy is to ensure:
- that the Academy is not exposed to legal and governance risks;
- that the reputation of the Academy is not adversely affected;
- that our users are able to clearly distinguish where information has been provided via social networking applications, it is legitimately representative of the Academy;
- protocols are applied where employees are contributing in an official capacity to social networking applications provided by external organisations.
- Social networking applications include but are not limited to:
- Blogs, Online discussion forums, for example Facebook, Bebo, Myspace,
- Media sharing services for example YouTube; ‘Micro-blogging’ application for example Twitter.
- The Board of Governors can determine level of access at the Academy. The Academy may make the decision to put a complete block on social networking sites at work, but it cannot stop individuals using social networking sites at home in their own personal time, therefore all employees need to understand the implications of inappropriate and improper use of social networking sites at home in their own personal time that may result in detriment to the Academy and therefore to disciplinary action being taken.
- All employees of the Academy should bear in mind that information they share through social networking applications, even if they are on private spaces, are still subject to copyright, Data Protection and Freedom of Information legislation and the Safeguarding Vulnerable Groups Act 2006. Employees must also operate in line with the Academy’sEqual Opportunity (Respecting Diversity) Policy.
- Any communications or content published on a social networking site which is open to public view, may be seen by members of the Academy community. Employees hold positions of responsibility and are viewed as such in the public domain. Inappropriate usage of social networking sites by employees can have a major impact on the employment relationship. Any posting that causes damage to the Academy, any of its employees or any third party’s reputation may amount to misconduct or gross misconduct which could result in dismissal.
- Employees should not use personal sites for any professional activity. The Academy reserves the right to require the closure of any applications or removal of content published by employees which may adversely affect the reputation of the Academy or put it at risk of legal action.
- Anyone who becomes aware of inappropriate postings on social networking sites, must report it to their line manager as soon as possible. The line manager will then follow the disciplinary procedure. If an employee fails to disclose an incident or type of conduct relating to social networking sites, knowing that it is inappropriate and falls within the remit of this policy, then that employee may be subject to the disciplinary procedure.
- Indecent images of any employee that can be accessed by students, parents or members of the public are totally unacceptable and can lead to child protection issues as well as bringing the Academy into disrepute.
- It is totally unacceptable for any employee to discuss pupils, parents, work colleagues or any other member of the Academy community on any type of social networking site. Reports about oneself may also impact on the employment relationship - for example if an employee is off sick, but makes comments on a site suggestingthe contrary.
- Employees should not engage in conversation with pupils, past or present, irrespective of their age, on any social networking site. Offers of assistance to a pupil with their studies via any social networking site are inappropriate and also leaves the employee vulnerable to allegations being made. It would be very rare for employees to need to interact with pupils outside of Academy in a social setting and by communicating with them on social networking sites, is tantamount to the same. Adults should ensure that personal social networking sites are set as private and that pupils are never listed as approved contacts.
- Adults should not use or access social networking sites of pupilssave in exceptional circumstances and with the prior express permission of the Principal. Should an employee become aware of an underage person using social networking sites, (Facebook and Bebo have set it at 13 years and MySpace have set it at 14 years), then they should report this to the site operator and if that child is at their particular Academy, then this should be reported to their line manager.
5.2.Mobile Phones and driving
Since 1 December 2003 the use by drivers of hand-held mobiles has been illegal. Anyone found to be using such devices whilst driving will face a fine and, from 27 February 2007, three penalty points on their licence. The use of a properly installed hands-free kit is allowed but drivers will continue to risk prosecution if when using a mobile phone in this way they are found not to have proper control of their vehicle.
The company expects any employee driving for business reasons, for which they are claiming a mileage allowance, to act within the law. The company therefore expects all employees not to receive or to make calls on a mobile phone whilst driving (this includes whilst stationary in traffic jams). To make and receive calls safely the vehicle must be properly parked and the engine switched off.
5.3.Mobile Phone Security
Staff Mobile phones (including personal mobile phones) could contain confidential information regarding other members of staff such as personal phone numbers, e-mail addresses or pictures.
All mobile phones brought onto the premises (including personal mobile phones) should have a password locking system enabled to ensure that their contents remain secure in the case of loss.
6.Relationships
6.1.Governing Body Proceedings
- There are restrictions on Governors or persons taking part in proceedings of the Governing Body or their committees under the Education (School Government) (England) Regulations 1999 which require that they shall withdraw:
- if there is a conflict of interest or where there is reasonable doubt about their ability to act impartially;
- where they have pecuniary interest, e.g. Contracts;
- if a relative (including spouse) living with them has pecuniary interest.
6.2.The Community and Service Users
- Employees must always remember their responsibilities in the community they serve and ensure courteous, efficient and impartial service delivery to all groups and individuals within the community as defined by the policies of the Governing Body.
6.3.Contractors
- All relationships of a business or private nature with external contractors, or potential contractors, must be made known to the Academy’s Governing Body. Orders and contracts must be in accordance with Standing Orders and Financial Regulations of the Academy. No special favour should be shown to businesses run by, for example, friends, partners or relatives in the tendering process. No part of the local community should be discriminated against.
- Employees who engage or supervise contractors or have any other official relationship with contractors and have previously had or currently have a relationship in a private or domestic capacity with contractors, must declare that relationship to the Academy Governing Body.
6.4.Close personal relationships at work
- Situations arise where relations, or those in other close relationships, may be employed at the Academy and it is recognised that a significant proportion of close relationships are formed at work.
- Applicants are required to disclose personal relationships and may not seek their support for an appointment. Employees should discuss, confidentially with their line manager, any relationships with an applicant or formed with another employee which may impact on the conduct of the Academy.
- Further details on close personal relationships, including a definition of the term, can be found in part 5 of this document.
7.Political Neutrality
- Employees serve the community as a whole. It follows they must serve all members of the public and ensure that the individual rights of members of the public are respected and must not allow their own personal or political opinions to interfere with their work.
8.Financial Resources
- Employees must ensure that they use public and any other funds entrusted to them in a responsible and lawful manner. They must strive to ensure value for money to the local community and to avoid legal challenge to the Governing Body or the Company. They must also observe the Academy’s financial regulations.
9.Sponsorship
- Where an outside organisation wishes to sponsor or is seeking to sponsor an Academy activity, whether by invitation, tender, negotiation or voluntarily, the basic conventions concerning acceptance of gifts or hospitality apply. The sponsorship should always be related to the Academy’s interests and never for personal benefit only or in part. Particular care must be taken when dealing with contractors or potential contractors.
Employees were consulted on this document during / Oct – Nov 2010
It was ratified by the Academies Enterprise Trust Board / 19/06/2012
David Triggs, AET Chief Executive Officer
Signature:………………………………………………………….
Print Name:D. A. Triggs
Date:19/06/2012
Leigh Shelley, AET HR Director
Signature:………………………………………………………….
Print Name:L. H. Shelley
Date:19/06/2012
Chair of Board of Governors
Signature:………………………………………………………….
Print Name:………………………………………………………….
Date:………………………………………………………….
Code of Conduct Policy
Part 2: Whistleblowing Policy
1.Introduction
- The Company is committed to conducting its business with honesty and integrity, and there is an expectation that all staff will maintain high standards in accordance with the Code of Conduct. However, all organisations face the risk of things going wrong from time to time, or of unknowingly harbouring illegal or unethical conduct. A culture of openness and accountability is essential in order to prevent such situations occurring or to address them when they do occur.
- The aims of this policy are:
- To encourage staff to report suspected wrongdoing as soon as possible, in the knowledge that their concerns will be taken seriously and investigated as appropriate, and that their confidentiality will be respected.
- To provide staff with guidance on how to raise those concerns.
- To reassure staff that they should be able to raise genuine concerns in good faith without fear of reprisals, even if they turn out to be mistaken.
- This policy takes account of the Whistleblowing Arrangements Code of Practice issued by the British Standards Institute and Public Concern at Work. It has been implemented following consultation with the Trade Unions.
- This policy does not form part of any employee's contract of employment, unless otherwise stated, and it may be amended at any time.
1.1.Scope
- This policy covers all individuals working at all levels and grades, including senior managers, Academy leaders, teachers and education support staff, directors, employees, consultants, contractors, trainees, part-time and fixed-term employees, casual and agency staff and volunteers (collectively referred to as “staff” in this policy).
- In this document “The Company” will refer to the Academies Enterprise Trust or the London Academies Enterprise Trust as appropriate.
2.Definition
- Whistleblowing is the disclosure of information which relates to suspected wrongdoing or dangers at work. This may include:
- criminal activity;
- miscarriages of justice;
- danger to health and safety;
- damage to the environment;
- failure to comply with any legal or professional obligation or regulatory requirements;
- financial fraud or mismanagement;
- negligence;
- breach of the Company’sinternal policies and procedures including theCode of Conduct;
- conduct likely to damage the Company’sreputation;
- unauthorised disclosure of confidential information;
- the deliberate concealment of any of the above matters.
- A whistleblower is a person who raises a genuine concern in good faith relating to any of the above. If an employee has any genuine concerns related to suspected wrongdoing or danger affecting any of the Company’sactivities (a whistleblowing concern) he/sheshould report it under this policy.
- This policy should not be used for complaints relating to an employee’sown personal circumstances, such as the way he/she has been treated at work. In those cases the employeeshould use the Grievance Procedure or Equal Opportunities Policy as appropriate.
- If an employee is uncertain whether something is within the scope of this policy he/sheshould seek advice from the Whistleblowing Officer, whose contact details are at the end of this policy.
3.Raising aConcern