All letters to be placed on school headed paper
- NOTIFICATION OF INVESTIGATION
Dear name
Investigation into matters which may lead to disciplinary action
I write to advise you that I will be undertaking (or “Ihave asked …….. to undertake” see NOTE 1) a thorough investigation into the following allegation(s) of misconduct:
e.g. that on Monday 21 March 2016 at 3pm you acted unprofessionally by shouting at a colleague, Mrs J Smith, in front of a class of children (see NOTE 2).
I must inform you that this allegation may be regarded as gross misconduct and may lead to your dismissal (include where appropriate - see NOTE 3)
In the course of the investigation you will be interviewed and will be invited to offer explanation or comment on the matter and may be further questioned. You are encouraged to be accompanied at the interview by a companion (work colleague or trade union representative). Any information which is gained during the process of the investigation may be presented at any resultant disciplinary hearing.
You will be informed in writing of the outcome of the investigation at the point that it is concluded. (If suspended from duty add “In the meantime you should continue to comply with the terms of your suspension as detailed in the letter to you dated ….”)
The above is in accordance with the school’s disciplinary procedure, a copy of which is enclosed.
Yours sincerely
Headteacher
NOTE 1 – Where the headteacher intends to hear any resultant case the investigation must be delegated to a senior colleague. Where the headteacher is the investigating officer any subsequent hearing must be carried out by a panel of governors.
NOTE 2 – It is important that the allegation is clear and as specific as possible with dates and times if these are appropriate. Advice on the wording of allegations should be sought from your HR Provider and Legal Insurers.
NOTE 3 – Advice on what constitutes gross misconduct should be sought from your HR provider and Legal Insurers.
- NOTIFICATION OF SUSPENSION
Dear name
Precautionary suspension from duty
I am writing following our meeting on (date) to confirm that you are suspended from your duties as (job title) with effect from that date. The suspension is precautionary and is not a disciplinary measure and is in place pending the thorough investigation of the following allegations;
e.g. that on Monday 21 March 2016 at 3pm you acted unprofessionally by shouting at a colleague, Mrs J Smith, in front of a class of children
(NB should be identical allegation to that quoted in Letter 1).
You will continue to receive full pay during your period of suspension, which will be for as short a period as possible but will be sufficient to allow a thorough investigation.
Should you wish to visit the school during the period of suspension for any reason you should do so only by prior permission and arrangement with me. Failure to seek such prior permission may be treated as serious misconduct. Should you fall ill during your period of suspension you should comply with the school’s sickness absence reporting procedures and should continue to seek approval for any leave of absence, including annual leave where appropriate, in accordance with the school’s procedures. Failure to comply in either case may be treated as serious misconduct. You should remain available to the school during your normal working hours over the period of your suspension and should comply with the disciplinary procedure and co-operate fully with its process. Any failure to do so or any attempt to deliberately frustrate the process may be treated as serious misconduct.
The above is in accordance with the school’s disciplinary procedures, a copy of which (either “is enclosed” or “was given to previously””)
Yours sincerely
Headteacher
- INVESTIGATORY INTERVIEW
Dear (name)
Investigation into matters which may lead to disciplinary action
I refer to my letter to you dated … (letter 1) and …. (letter 2 if applicable) which informed you that you would be interviewed during the course of the investigation into the following allegation(s):
e.g. that on Monday 21 March 2016 at 3pm you acted unprofessionally by shouting at a colleague, Mrs J Smith, in front of a class of children
The purpose of the interview is for me to make further enquiries of you in relation to the allegations and the circumstances giving rise to them and to give you opportunity to respond and offer explanation. You are reminded that any information which is gained during the process of the interview may be presented at any disciplinary hearing which results from the investigation.
I am now able to make arrangements to conduct that interview and should like this to take place on (date/time/place see NOTE1). You are encouraged to be accompanied by a companion (Trade union representative or work colleague). Should you wish to arrange to be accompanied you should do so without delay and should contact me directly should difficulties arise in making these arrangements (see NOTE 2).
The above is in accordance with the school’s disciplinary procedures, a copy of which has been sent to you in earlier correspondence.
I should be grateful if you would confirm that you will be attending, by return of post, or contact me directly by telephone should you have any difficulty with the arrangements.
Yours sincerely
Investigating Officer
NOTE 1 – Investigatory interviews should generally take place during normal working time.
NOTE 2 – Any request to postpone an interview should normally be only because of illness of the employee or the unavailability of a union representative. Where the union representative requests an alternative date this should be within 5 working days of the original date set for the interview.
- Outcome of the investigation
Dear (name)
Investigation into matters which may lead to disciplinary action
Either
I write further to my letter dated ….. (letter 1) in order to advise you formally that the investigation is now complete. The outcome of the investigation is that your explanation has been accepted and/or there is no evidence to support the allegations and there will, therefore, be no further action on the matter.
Or
I write further to my letter dated ….. (letter 1) in order to advise you formally that the investigation is now complete. The outcome of the investigation is that the allegations are supported by evidence but that the appropriate course of action in the light of all the circumstances is that you be counselled and advised about your future behaviour to ensure that there is no repetition of events.
I should like to make arrangements for this to be conducted without delay and would ask you to meet with me/the headteacher on (date/time).
Or
I write further to my letter dated ….. (letter 1) in order to advise you formally that the investigation is now complete. The outcome of the investigation is that there is a case for you to answer.
My decision is therefore that the matter will be put before a disciplinary hearing in accordance with the school’s disciplinary procedure and this letter serves as formal notice of that. The hearing will be held before the headteacher/a panel of governors(delete as appropriate) who will be responsible for determining whether the case against you is proved and, if so, the appropriate disciplinary sanction to be applied. (If appropriate – You are reminded that the matter is regarded as one of potential gross misconduct and it could result in your dismissal)
The specific allegations which will be considered at the hearing are:
Allegation(s) as in letter 1
The hearing will take place on (date/time) at the school. You have the right to be accompanied at the hearing by a companion(your union representative or work colleague) Should you wish to arrange to be accompanied you should do so without delay and should contact me directly should difficulties arise in making these arrangements (see NOTE 1). I must advise you that the hearing may proceed in your absence should you fail to attend without advance notification to me with good reason for your absence.
I enclose/I will forward to you within 7 days of the date of the hearing copies of the documentation relating to the hearing, including copies of all witness statements which will be referred to at the hearing. I intend to call the following witness(es):
Name(s)
Please provide me, at least 7 days before the hearing, with copies of any documentation which you or your representative intend to refer to during the hearing together with the names of any witnesses you intend to call.
The hearing will be carried out in accordance with the school’s disciplinary procedure, a copy of which has bee provided to you previously.
Yours sincerely
Investigating Officer
NOTE 1 - Any request to postpone an interview should normally be only because of illness of the employee or the unavailability of a union representative. Where the union representative requests an alternative date this should be within 5 working days of the original date set for the interview.
- Oral Warning
Dear (name)
I write further to the disciplinary hearing held on (date) which considered the following allegations:
Allegations as Letter 1
This letter serves as confirmation of the decision that you be issued with an oral warning in accordance with the school’s disciplinary procedures. The warning will be placed on your personal file and will remain live for six months after which time it will be disregarded for disciplinary purposes
You have the right to appeal against this decision. If you wish to exercise your right of appeal you should do so in writing within 5working days of receiving this letter, stating the grounds for your appeal. In preparing your appeal letter you are encouraged to seek advice from your union representative.
Yours sincerely
Headteacher/Chair of Disciplinary Panel
6. Written/Final Written Warning
Dear (name)
I write further to the disciplinary hearing held on (date) which considered the following allegations:
Allegations as Letter 1
This letter serves as confirmation of the decision that you be issued with a written/final written warning in accordance with the school’s disciplinary procedures. The warning will be placed on your personal file and will remain live for one year/two years after which time a formal review will be held to assess whether satisfactory standards of conduct have been maintained during the period. Reasons will be given in writing if the warning is not to be expunged, if appropriate. Once the warning has expired it will be disregarded in all future cases of misconduct.
You have the right to appeal against this decision. If you wish to exercise your right of appeal you should do so in writing within 5 working days of receiving this letter, stating the grounds for your appeal. In preparing your appeal letter you are encouraged to seek advice from your union representative.
Yours sincerely
Headteacher/Chair of Disciplinary Panel
- Dismissal with notice/Summary Dismissal
Dear (name)
I write further to the disciplinary hearing held on (date) which considered the following allegations:
Allegations as Letter 1
I write to confirm that the conclusion of the disciplinary panel was that the allegations were substantiated. Either This constitutes gross misconduct and the decision is that you be summarily dismissed. Your last day of employment with the school was (date of hearing) or The decision is that you be dismissed and your final day of employment with the school will be (date including notice period)
You have the right to appeal against this decision. If you wish to exercise your right of appeal you should do so in writing within 5 working days of receiving this letter, stating the grounds for your appeal. In preparing your appeal letter you are encouraged to seek advice from your union representative.
Yours sincerely
Headteacher/Chair of Disciplinary Panel