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| Date of Issue: | 1 April 2026 |
|---|---|
| Approved by: | Bracknell Parochial Church Council |
| Review Pattern |
Annually |
Bracknell Parochial Church Council (“the PCC”) sets out the following procedure approved by the PCC.
Introduction
Bracknell Parish will use this procedure to help and encourage all employees to achieve and maintain standards of conduct, attendance, and job performance.
The code of conduct and this procedure apply to all employees. The aim is to ensure consistent and fair treatment for all in the Parish.
A disciplinary process can be stressful for everyone involved. Different people might respond differently to stressful situations. We understand the prospect of disciplinary action might cause distress and affect your mental health.
We will support you throughout to help avoid this happening to you. Please talk to the Incumbent or Church Warden about how we can support your wellbeing.
Procedure
A disciplinary procedure is a formal way for an employer to deal with an employee's:
'misconduct' (unacceptable or improper behaviour)
'capability' (performance)
Before starting a disciplinary procedure, Bracknell Parish will first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.
Bracknell Parish will try solving the issue with their employee by:
- privately talking with them and any other staff involved
- listening to their point of view
- agreeing improvements to be made
- setting up a training or development plan, if it's a performance issue
Dealing with capability issues
Capability or performance is about an employee's ability to do the job.
Bracknell Parish has a separate procedure for dealing with capability or performance issues.
Whether Bracknell Parish deals with the issue under a capability or disciplinary procedure, we must do so fairly.
What counts as misconduct
Misconduct is when an employee's inappropriate behaviour or action breaks the organisation's rules.
Some misconduct examples include:
- bullying
- harassment
- 'insubordination' (refusing to do work)
- being absent without permission (some people call it absent without leave or 'awol')
If misconduct happens outside work
An employee could face disciplinary action for misconduct outside work.
For example, where an employee's behaviour in front of external clients at the work Christmas party reflects badly on the company.
It depends on how serious Bracknell Parish sees the misconduct and whether it could have a bad effect on the church.
It's important Bracknell Parish carries out a thorough investigation and can show the effect on the church.
When there is gross misconduct
Some acts count as 'gross misconduct' because they are very serious or have very serious effects.
If Bracknell Parish finds there has been gross misconduct, we still carry out an investigation and the full disciplinary procedure.
Bracknell Parish might then decide on dismissal without notice or payment in lieu of notice.
Examples of gross misconduct at work could include:
- fraud
- physical violence
- 'gross negligence' (serious lack of care to their duties or other people)
- serious insubordination, for example refusing to take lawful and reasonable orders from a supervisor
Step 1: Following a fair procedure
If Bracknell Parish has considered trying to resolve the issue informally but feels they need to start a disciplinary procedure, they must tell the employee straight away.
They should do this in writing and should include:
- sufficient information about the alleged misconduct or poor performance
- possible consequences, for example a written warning
Bracknell Parish should have this information in time to prepare for a disciplinary 'hearing'. This is a meeting where Bracknell Parish hears all the evidence to make a final decision.
Bracknell Parish must make sure they follow a full and fair procedure throughout. This is for the protection of the employee, the employer, and the church.
If anything similar has happened before
Bracknell Parish should check whether we have dealt with a similar situation before. To avoid accusations of unfair treatment, Bracknell Parish should follow this procedure in the same way for each disciplinary case. They should gather evidence and decide based on what they know about each case.
Keep talking
It's important throughout the procedure for Bracknell Parish to keep talking with both the employee being disciplined and any other staff affected.
Clear, regular and confidential communication can help avoid:
- misunderstandings
- a drop in work morale
- stress or other mental health problems
- further action, for example the employee raising a grievance
- legal action further down the line
Bracknell Parish should keep all personal information confidential.
Looking after employees' wellbeing and mental health
Going through a disciplinary procedure can be very stressful. It's important that Bracknell Parish consider the wellbeing and mental health of their employees.
Looking out for Bracknell Parish’s wellbeing and offering support can help prevent:
- absence
- mental health problems arising
- existing mental health problems getting worse
For example, as well as regular communication, Bracknell Parish could arrange any meetings in a more private and comfortable location if this would help the employee.
If the employee raises a grievance during the disciplinary procedure, Bracknell Parish may pause the disciplinary and deal with the grievance first. See the grievance procedure.
It might be appropriate to deal with both at the same time if the grievance and disciplinary cases are related.
If the employee wants to resign
The employee might feel they want to resign or 'jump before they're pushed' when they are facing a disciplinary.
This could risk the employee later claiming constructive dismissal at an employment tribunal. They can only do this if they have worked for the organisation for 2 years or more.
Bracknell Parish should try and talk through any concerns with the employee and encourage them to complete the disciplinary procedure first.
Step 3: Carrying out an investigation
Bracknell Parish must carry out an investigation to get as much information as they reasonably can about their employee's alleged misconduct or poor performance.
Step 4: The hearing
Where the investigation shows the employee has a case to answer, Bracknell Parish should ask them to a disciplinary meeting or 'hearing'. This is a meeting where Bracknell Parish hears all the evidence before making a decision.
Preparing for the hearing
The hearing should be held as soon as possible after the investigation, while giving reasonable time for the employee to prepare.
In good time before the hearing, the employer should put in writing to the employee:
- the alleged misconduct or performance issue
- any evidence from the investigation
- any other information they plan to talk about
- the date, time and location of the hearing
- information on the employee's right to be accompanied to the hearing
- the possible outcomes
Bracknell Parish can also bring evidence to the hearing, for example emails, to show and talk about.
The right to be accompanied
By law, an employee or worker can bring a 'companion' (relevant person) with them to a disciplinary hearing. This is called 'the right to be accompanied'.
The employee must choose their companion from one of the following:
- someone they work with
- a workplace trade union representative who's certified by their union to act as a companion
- an official employed by a trade union
Under discrimination law, Bracknell Parish must make reasonable adjustments for disabled employees. This might mean allowing someone else to attend, for example a support worker or someone with knowledge of the disability and its effects.
Bracknell Parish can, but do not have to, allow companions who do not fall within the above categories.
If the employee wants to bring a companion, they should make a 'reasonable request' to Bracknell Parish. To make a reasonable request, the employee should:
- tell their employer the name of the companion and whether they're a colleague or a trade union representative
- give their employer enough notice, so they can make arrangements for the companion to attend the meeting
The companion should also be given enough time to prepare for the meeting, for example to look at any evidence.
What happens in a disciplinary hearing
The hearing is the chance for both the employer and Bracknell Parish to state their case. Bracknell Parish, employee and employee’s companion should make every effort to attend.
Bracknell Parish should:
- explain the employee's alleged misconduct or performance issue
- go through the evidence
- make sure someone takes notes
The employee should be given the chance to:
- set out their case
- answer any allegations
- ask questions
- show evidence
- call relevant witnesses (with good notice)
- respond to any information given by witnesses
- choose if their companion can speak for them at the hearing
The employee's companion should be allowed to:
- set out the employee's case
- respond for the employee to any comments or points made at the meeting
- talk with the employee during the hearing
- take notes
- sum up the employee's case at the end of the hearing
The employer may agree to allow the companion to answer questions on behalf of the employee. But this is not a legal requirement.
At the end of the hearing
It's a good idea for the employer to take some time after the hearing to consider the case carefully before making a decision.
The employer should:
- tell the employee what happens next and give a timeframe
- take a written confidential record of the hearing
If the employee is absent or off sick
If the employee is absent or off sick for the disciplinary hearing, Bracknell Parish should pause the disciplinary procedure until they return to work.
If the employee still says they cannot attend or if they go on extended sick leave, Bracknell Parish should see if it would help to make other arrangements.
For example, if the employee is off with stress and is worried about coming to the workplace, they could hold the hearing somewhere else.
If the employee still refuses to or cannot meet, Bracknell Parish will need to look at the case and come to a reasonable decision.
The employer could look at:
- any rules Bracknell Parish has for dealing with failure to attend disciplinary hearings
- how Bracknell Parish has dealt with similar cases in the past
- the seriousness of the disciplinary issue
- the employee's disciplinary record, general work record, work experience, position, and length of service
- getting a medical opinion on whether the employee is fit to attend the hearing (with the employee's permission)
If Bracknell Parish reaches a decision, we will tell the employee in writing and tell them of their right of appeal.
Step 5: Deciding the outcome
After following a fair disciplinary procedure, Bracknell Parish should decide on the best outcome based on:
- the findings from the investigation and meetings
- what is fair and reasonable
- what Bracknell Parish has done in any similar cases before
For a disciplinary outcome that's not a dismissal, Bracknell Parish will give the employee specific goals and timeframes for improvements.
Telling the employee
Bracknell Parish should tell the employee of the outcome as soon as possible and in writing, for example in a letter or email.
If the employee's conduct or performance has not improved in the timeframe set, Bracknell Parish will repeat the disciplinary procedure until improvements are made or until dismissal is the only fair and reasonable option.
When no action is needed
When it's decided there was no misconduct or performance issue, Bracknell Parish will end the disciplinary procedure. To make sure there is no bad feeling, Bracknell Parish will talk privately with the employee and any other staff who knew the disciplinary procedure was happening.
We will make clear there is no longer anything to worry about and should help the employee get back to work as normal. Bracknell Parish will keep a note of how they carried out the procedure for future reference.
Informal warning
If the misconduct or performance issue was found to be small and not serious, Bracknell Parish might just have an informal talk with the employee. We will still keep a confidential written record of informal or verbal warnings for future reference.
Written warnings
A written warning is a formal warning that Bracknell Parish can give the employee at the end of the disciplinary procedure.
A first or final written warning should say:
- what the misconduct or performance issue is
- the changes needed, with a timescale
- what could happen if the changes are not made
- what could happen if there is further misconduct or no improvement to performance
- how long the warning will stay in place
- in performance cases, any support or training the employer will provide
First written warning
A first written warning is normally the first step an employer will take when misconduct or poor performance is confirmed.
Final written warning
Bracknell Parish can give a final written warning if, within a set timeframe, the employee either:
- repeats or commits another misconduct
- does not improve performance
In cases of serious misconduct or poor performance, Bracknell Parish does not have to give a first written warning and can instead go straight to a final written warning. For example, where the employee's actions have, or could, cause serious harm to the Parish or the Church.
If an employee does not meet the requirements of their final written warning in the timeframe set, it could lead to dismissal. Bracknell Parish will make this clear to the employee.
Taking other disciplinary action
Bracknell Parish might look at other disciplinary action depending on the seriousness of the misconduct or performance issue.
Dismissal
Bracknell Parish might dismiss the employee (end their contract) in either of these cases:
- gross misconduct – some acts count as 'gross misconduct' because they are very serious or have very serious effects, for example fraud or physical violence
- the disciplinary procedure has had to be repeated and the employee previously had a final written warning
Dismissal should only be decided by the Incumbent and Churchwardens collectively who have the authority on behalf of the PCC to do so. If there is no Incumbent the churchwardens may consult with the Archdeacon or their representative.
The employee should be told as soon as possible:
- the reasons for the dismissal
- the date the employment contract will end
- the notice period
- their right of appeal
To avoid the risk of an unfair dismissal claim, Bracknell Parish should always follow a full and fair disciplinary procedure before deciding on dismissal.
The employee's right of appeal
Bracknell Parish will offer the employee the right of appeal. This is so the employee can raise an appeal if they feel:
- the outcome is too severe
- any stage of the disciplinary procedure was wrong or unfair
Step 6: After the disciplinary
After a disciplinary procedure has finished, employers might want to give some information about it to individual staff. It's also important to keep records.
Talking to staff
The disciplinary outcome and details must remain confidential. However, where appropriate, it can be a good idea for Bracknell Parish to talk privately with any staff who were directly involved with the disciplinary procedure.
Usually this would be to let them know that the process is finished and to remind them not to talk about it with colleagues.
Bracknell Parish should tell employees about any changes that will be introduced because of the process. For example, updating a policy or providing training on a particular topic.
This helps to reduce the bad feeling and gossip which can happen when staff are involved in formal procedures.
Keeping a record
No matter what the outcome, Bracknell Parish will keep a written record of all disciplinary cases to help with any questions or similar cases in the future.
In line with data protection law, records should be:
- confidential
- only be kept for as long as necessary
References after disciplinary action
By law, an employer does not have to provide a reference.
When Bracknell Parish gives a reference we must make them:
- fair
- accurate
- consistent with others
This means Bracknell Parish might have to give information about the employee's disciplinary outcome.