SAMPLE DISCIPLINARY POLICY
(Please note that this is a Sample Policy only, and will need to be adapted in
accordance with the requirements of each individual business. The italicised sections require confirmation by the employer)
DISCLAIMER
While every care has been taken in the preparation of this document, neither the Irish Dental Association nor the authors accept any responsibility for loss or damage occasioned by any person acting or refraining from acting as a result of the material in these Agreements. Professional advice (including legal, accountancy, actuarial and insurance advice) should always be sought before acting in any issue covered by these Agreements.
DISCIPLINARY PROCEDURE OF [______] DENTAL PRACTICE
The aim of our Disciplinary Procedure is to ensure adherence to the rules, policies and procedures of [______] Dental Practice and to aid employees whose, performance, attitude or conduct falls below Practice standards.
Issues will always be discussed before any decision concerning disciplinary action or dismissal is taken. The general principles of natural justice and fair procedures will be upheld at all times.
You may be suspended on full pay at any time or re-assigned or relocated to another business unit or work location in the course of the Disciplinary Procedure. The Disciplinary Procedure will only apply to an employee who has completed his/her probationary period.
The procedure outlined below may be abridged or varied by the Management of the Practice at its discretion or as circumstances may dictate.
When you are asked to attend any meeting of a disciplinary nature you may be accompanied by a colleague.
Verbal Warning
In cases of minor infringements you will be requested to attend a meeting with Dr [Principal of Practice] or another member of management. However, if Dr [Principal of Practice] feels that aspects of your performance or conduct are below standard you will receive a verbal warning. This warning will outline the improvements that must be made and that if those improvements are not made within a [3] month period then the next step of the procedure will be implemented.
This warning will remain active for [12] months. If the conduct or performance is satisfactory after this period it will be removed and it will be disregarded for future disciplinary purposes.
If there is a further allegation relating to conduct or performance within the [3] month period or if conduct or performance is not improved after the formal verbal warning the next step of this procedure will be implemented.
First Written Warning
Where your performance or conduct does not improve within the required time frame, you will be requested to attend a meeting with a member of management. At the meeting you will again be informed of the allegation relating to the performance or conduct which is below standard. If it is felt that further action is required you will receive a first written warning.
The warning will advise of the improvements that are required and that if these are not made that the next step in the procedure will be implemented. This warning will remain active for [12] months. If the conduct or performance is satisfactory after this period it will be removed and it will be disregarded for future disciplinary purposes.
If there is a further allegation relating to conduct or performance within the [12]-month period or if conduct or performance is not improved after the first written warning the next step of this procedure will be implemented.
Depending on the nature and seriousness of the offence a first warning may be given where no previous verbal warning has been given.
Final Written Warning
Where your performance does not improve within the required time frame, you will be requested to attend a meeting with Dr [Principal of Practice] or another member of management. At the meeting you will again be informed of the allegation relating to the performance or conduct which is below standard. If it is felt that further action is required a final written warning may be issued.
The warning will advise of the improvements that are required and that if these are not made that the next stage in the procedure may lead to dismissal.
Consideration may be given to imposing alternative penalties to a final written warning such as suspension with or without pay for a specified period.
In more serious cases where no verbal or written warning have previously been given, a final written warning may be issued.
Dismissal
The Dismissal Stage applies normally after the completion of the first three stages, if your conduct or performance is still not acceptable to the Practice. This stage may also be implemented in certain circumstances involving Serious Misconduct. You will be requested to attend a meeting with Dr [Principal of Practice] or another Senior Manager. You may have another employee present at this meeting if you choose. Action will only be taken after a full investigation and once you have had an opportunity to answer the allegations. If it is felt that action is required you will then be dismissed.
Appeal
You may appeal against any warning. Any Appeal should be made in writing addressed to the person whose decision you are appealing. The Appeal should set out the grounds you are appealing. The Appeal will be conducted, where possible, by someone of appropriate seniority who has not been involved in the matter under appeal. Any appeal should arrive at the Practice no later than 5 days after notification of the decision.
You will be informed of the findings of the appeal hearing, which will either, confirm the disciplinary action already advised, alter it to more appropriate action, or reverse it, thereby cancelling the disciplinary action.
The decision is final, and no further appeal may be made.
If you are appealing a decision to dismiss, the appeal will not affect the actual dismissal e.g. a P45 will still issue and all salary payments and benefits will cease. However, if the outcome of the appeal is to reverse the decision to dismiss you will be treated, insofar as possible, as if you were never dismissed and any back salary and benefits will be restored to you.
Serious Misconduct
There are certain actions, which might impair the operations of the practice or jeopardise patient or employee safety or our reputation. Such violations could subject a staff member to dismissal, with or without notice.
The following are examples of such actions, which could also be serious enough to warrant dismissal:
- Any dishonest or improper act or omission involving abuse of the relationship with a patient.
- Any act or omission which compromises or jeopardises patient safety.
- Reporting to work under the influence of drugs or alcohol.
- Theft, misappropriation or unauthorised possession of any property, money or facilities belonging to the employer.
- Unauthorised acceptance of gifts.
- Malicious or wilful damage to the employer’s property.
- Falsification of reports, accounts or other documents.
- Refusal to carry out duties or reasonable instructions
- Serious breach of employer’s rules.
- Violent, abusive or threatening behaviour.
- Sexual Harassment
Suspension
If matters of sufficient seriousness come to light or if it is necessary to conduct a proper investigation the Employer reserves the right to suspend you with pay pending completion of the investigation or, if appropriate, the disciplinary process.
RULES OF THE PRACTICE
- The primary consideration of dental nurses must at all times be the welfare of the patients entrusted to their care
- STANDARD OF WORK:
Dental nurses are under an obligation to carry out the lawful and reasonable directions concerning the care and treatment of patients given by the registered dental practitioner under whose direction and/or supervision they are working. Dental nurses must recognise not only the responsibilities but also the limitations of their functions.
- OBEYING ORDERS:
Dental nurses must obey all reasonable orders given by the registered dental practitioner under whose direction and/or supervision they are working.
- CONFIDENTIALITY:
Dental nurses must never disclose information of a personal or confidential nature heard in the course of their work, whether related to the patient or the practice in which they are employed, except to the employing dentist and then only in matters relating to their work.
- SAFETY:
Dental nurses will follow all safety instructions by their employer.
- ATTENDANCE AND PUNCTUALITY:
As per the statement of terms and conditions of employment, dental nurses are obliged to be present in the surgery and ready for work during the hours specified. Non-attendance and/or poor punctuality impacts on the care of patients and cannot be tolerated by the Practice.