1. Another fine mess I’ve got myself into
Lionel Thatcher, Advisor SLCC

2. A complaint from a member of the public
A complaint from a councillor
A complaint from a member of staff
A settling of old scores (perhaps after an election and change of regime)
Following a grievance or disciplinary relating to a staff member, at which accusations about you were made
You have upset a member of Council who has decided to get even
Something within the Council has gone wrong – and you’re the figurehead

3. Or – highly unlikely, I know –
YOU HAVEN’T DONE YOUR JOB PROPERLY!!

4. S101 of The Local Government Act 1972
………………..a local authority may arrange for the discharge of any of their functions
a)By a committee, a sub committee or an officer of the authority, or
b)By any other local authority……………………………………
You will note that does NOT include a councillor

5. Call SLCC and speak to an Employment Support Officer
Perhaps you are a member of Unison or another Trade Union?
If so, tell them what has happened – and take their advice

6. DON’T RESIGN

7. INVESTIGATORY MEETING
FORMAL DISCIPLINARY HEARING?

8. GROSS MISCONDUCT (may lead to dismissal)
Such as
Theft or Fraud
Fighting
Working Dangerously
Malicious damage
Serious incapability through alcohol or illegal drugs
Falsification or unauthorised removal of Council records or property
Serious insubordination

9. MISCONDUCT (conduct which initially requires disciplinary action other than dismissal)
Such as
Persistent lateness
Unauthorised absence
Failure to meet required standards of work
Poor performance, which could be a capability matter.

10. THE DISCIPLINARY HEARING
It is not open to the Press or public
The Panel should be impartial
It may be conducted in a quasi-judicial manner
The accusations should be known before the Hearing
Replies to the accusations should also be supplied prior to the Hearing
The Council may call witnesses, as may you.
The Council will make their submission and you, or your representative, may question the Council and their witnesses.
You will reply and you will be questioned. Questions put to you must be answered by you, not your representative.
You may receive the Panel’s decision that day or, more likely, it will communicated to you later.

11. And after the Disciplinary?
Clearly, if the Panel find in your favour, that’s an end to it!
If they don’t, you may either accept their findings or appeal.

12. Possible findings of a Panel are
In your favour, so no action
A verbal warning
A first written warning
A final written warning Or
dismissal

13. EMPLOYMENT TRIBUNALS
Only when you have been employed for 12 months by the employer
years from April

14. SLCC will not be able to represent you at Tribunal
We will support you as much as possible and the ESO could supply a witness statement if required
BUT you may need to be represented by a solicitor and, at the Tribunal, by a barrister
This is expensive

15. CHECK YOUR HOUSEHOLD INSURANCE POLICY
DO YOU HAVE LEGAL COVER?
IF SO, THIS MAY FUND THE ACTION

16. THINK CAREFULLY BEFORE YOU PROCEED TO TRIBUNAL
It is expensive
It can be time-consuming and stressful
Even if you win, the rewards may not be that great
And if you lose, costs could be awarded against you

17. Bullying in the Workplace: a survival guide
Welcome
Bullying in the Workplace:
a survival guide
Led by Lionel Thatcher, Advisor SLCC

18. What is Bullying?
“Bullying may be characterised as a pattern of offensive, intimidating, malicious, insulting or humiliating behaviour; an abuse of power or authority which tends to undermine an individual or a group of individuals, gradually eroding their confidence and capability, which may cause them to suffer stress.”
ACAS definition

19. Why is Bullying a problem?
Bullying costs UK employers £2bn/year (CIPD)
Bullying causes inefficiencies
Redress is through employment tribunals or courts of law; constructive dismissal, breach of contract or personal injury claims, criminal law under Protection from Harassment act

20. 1. Have a Policy 80% of UK employers have a policy
“Dignity at Work” policy template on SLCC website
Covers all parties to the council
“Zero tolerance” approach
Define bullying so that it can be recognized
Outline the process (tie in with Grievance policy)

21. 2. Encourage Dialogue Keep talking
Set up Staffing or Personnel Committee
Encourage formal performance appraisal process
Keep it factual and objective.
Encourage Members to attend training on performance management.

22. 3. Assert yourself
You are less likely to suffer if you can be assertive.
Assert your rights
Encompass these rights for everyone in your policy
Seek out self-help books/training and strive for a self-development goal.

23. 4. Keep a Diary Objective and factual evidence key
Note down details in a diary or journal
This will assist in the need for evidence and be useful to assess whether there is a pattern developing
If there are witnesses ask for them to make a note of the events too

24. 5. Identify an Ally
Find someone to talk to and to support you; a Member, a colleague or a fellow clerk in your network?
The Society’s Regional Advisors should be notified and you may be passed on the Employment Advisor if you require specialist help.

25. 6. Put it in writing Confronting the bully can make the issue worse
Refute allegations in writing
Complaints should be put in writing to the perpetrator and copied to Chair and/or Personnel Committee (but not all Members)
Keep the complaint factual and objective without reference to emotions.
Point out what you want to change and how that will benefit you and the council.

26. 7. Use the Grievance Process
Written complaint triggers Grievance Procedure
Statutory right to be accompanied or represented
Ask to know who’s on the hearing panel
Decide a desired outcome – what would make things better?
You need to exhaust this internal procedure before you progress to an Employment Tribunal
Nb limitations of Code of Conduct now

27. 8. Consider Mediation
May be appropriate to enlist the services of a professional mediator to build trust.
There is a cost to this kind of service – ACAS charge £2k to provide two consultants to a council for 2 days.

28. 9. See your GP
Stress/related medical problems are symptoms of bullying.
Make appointment to see your doctor
Counselling may help you cope with the effects of bullying
Don’t be afraid to take sickness absence – a break from the workplace can help

29. 10. Seek Specialist Advice
Advice is available from your SLCC Advisory Service
Advice notes
Your CALC/OVW may also be able to intervene and advise
ACAS on or

30. SLCC: Bullying in the workplace
Any Questions?