BTC Ltd is recognised by UK Sport as the NGB for Tae Kwon Do in the UK Code of Conduct & Ethics Version 5.0
BTC Code of Conduct and Ethics Booklet V5.0 Page 1 of 33 Dec 2023 BRITISH TAEKWONDO COUNCIL Code of Conduct and Ethics Policy Version Author Changes Date Next Review Date 3 Trevor Nicholls May 2018 May 2020 4 Trevor Nicholls Reformatted; Complaints Policy reformatted, DP Policy reformatted and updated; Capability Policy updated and inserted; Disciplinary Policy reformatted; Whistleblowing Policy reformatted May 2020 May 2022 5 Trevor Nicholls Full review: Para 3.1 - removal of ‘Ltd’ in line with Companies House registration; para 4.2 identifies separate safeguarding policies for children and adults at risk Dec 2023 Dec 2026 Section Title Page 1 Scope 2 2 Equity 2 3 Expectations 2 3.1 Club Instructor/Coaches 2 3.2 Students 4 3.3 Spectators 5 3.4 Parents 5 3.5 Officials 6 4 Breaches of Conduct 7 Appendices 1 Complaints Policy 8 2 Data Protection Policy 9 3 Capability Policy 13 3 Disciplinary Policy 20 4 Whistleblowing Policy 30
BTC Code of Conduct and Ethics Booklet V5.0 Page 2 of 33 Dec 2023 1. SCOPE 1.1. The Code applies to those involved with the British Taekwondo Council (BTC) at every level, whether as a member of staff, student, instructor/coach, official, volunteer or spectator, all have a responsibility to act according to the highest standards of integrity. 1.2. All partners must respect the rights, dignity and worth of every person, student and nonstudent alike, treating everyone equally within the context of activities and events. In particular, to be aware of the special needs of young people, their wellbeing, including difficulties or possible abuse experienced from within the game or from other sources. The BTC has a duty to ensure that everyone involved in Taekwondo activities or related events, whether child, young person or adult, is able to participate in an enjoyable and safe environment and be protected from abuse. 1.3. The BTC is committed to maintaining the highest possible standards of behaviour and conduct at all activities and events. 2. EQUITY The Equality Act 2010 came into force in October 2010 and replaces all previous equality laws and discrimination laws including the Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995. The Equality Act 2010 places responsibilities on the BTC as an employer and training provider to promote equality, prevent any forms of discrimination, and ensure everybody is treated with dignity and respect. The full BTC Equity Policy may be viewed separately. 3. EXPECTATIONS 3.1. Club Instructors/Coaches The BTC qualifies instructors to teach Taekwondo. Instructors may sometimes be referred to as coaches. Personal Responsibilities Specific to Children / Adults at Risk Must treat everyone fairly and sensitively regardless of their Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion and belief, Sex, Sexual orientation and Ability Ensure that proper supervision is provided by suitably qualified instructors/coaches and officials who are capable of promoting good sporting behaviour and good technical skills Do not manipulate the rules in order to benefit yourself personally or your club Accept the special role that you have to play in the establishment of standards by setting a good example of behaviour and conduct at all times Encourage all students and instructor/coaches to abide by the rules and spirit of the activity Show respect to students, instructors/coaches, officials and other volunteers involved in the activity/competition Do not use foul, sexist or racist language Remember activity is enjoyed for its own sake - play down the importance of awards Use your official position to take action against others who harass, abuse or use foul, sexist or racist language towards participants, instructors/coaches, officials and volunteers Children play for pleasure and winning is only part of the fun Ensure all equipment and facilities meet safety standards Keep yourself informed about sound teaching/coaching practices and the principles of children’s growth and development
BTC Code of Conduct and Ethics Booklet V5.0 Page 3 of 33 Dec 2023 3.1 Club Instructors/Coaches (Continued) Personal Responsibilities Specific to Children / Adults at Risk Check you have adequate insurance cover for the activities you are undertaking Be reasonable in your demands on children’s time, energy and enthusiasm - they need other interests too Respect the rights of other clubs Never ridicule or shout at a child or vulnerable adults for making a mistake or losing Arrive in plenty of time to set up your activities and ensure safety Take responsibility for the everyone in your care until they have safely left the activity Endeavour not to influence the result of an activity/ competition by any actions that are not strictly within the rules Always have regard to the best interests of the sport, including where publicly expressing an opinion of the sport and any particular aspect of it, including others involved in it Resist all illegal or unsporting influences, including banned substances and techniques Promote ethical principles Set a good example which others can follow The successful instructor/coach invests in the wellbeing and interests of their students, not their win/loss record Teach your students that honest effort if more important than victory so that the result of each event is accepted without undue disappointment Teach students to be fair and to follow the rules Divide your time equally between all standards of students Ensure you and your students have respect for their opponents, the officials and opposing instructors/ coaches and supporters Follow advice from a professional when determining if an injured student is ready to play or train
BTC Code of Conduct and Ethics Booklet V5.0 Page 4 of 33 Dec 2023 3.2. Students Personal Responsibilities Specific to Children / Adults at Risk Must treat everyone fairly and sensitively regardless of their Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion and belief, Sex, Sexual orientation and Ability Play for fun and enjoyment - not just to please your parents and/or instructor/coach Do not use foul, sexist or racist language at any time Arrive for training and matches in good time to prepare thoroughly Learn and play by the rules Abide by the instructions of the instructor/ coaches/staff and officials provided they do not contradict the rules Do not argue with competition officials and/or the instructor/coach - use your energies for playing better Recognise and applaud all good play Be a good sport - win with modesty, lose with dignity Respect opponents, instructors/coaches, club officials and competition officials - treat them as you would wish to be treated Co-operate with instructor/coach, fellow students and opponents Think about improving your skills after training and competition Inform the instructor/coach of any injury as soon as possible Inform the instructor/coach if you need to leave training/the event early Thank officials and opponents after competition
BTC Code of Conduct and Ethics Booklet V5.0 Page 5 of 33 Dec 2023 3.3. Spectators Personal Responsibilities Specific to Children / Adults at Risk Must treat everyone fairly and sensitively regardless of their Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion and belief, Sex, Sexual orientation and Ability Remember the participants are taking part for their enjoyment not yours, they are not professional athletes All spectators, on no account, should enter the field of play/activity unless authorised otherwise Do not use foul, sexist or racist language or harass students, instructors/instructor/coaches, officials or volunteers Condemn the use of violence and verbal abuse in all forms Respect officials’ decisions. Remember they are human with the same feelings as you, are volunteers and, like you, sometimes makes an honest error Do not ridicule participants who make mistakes Do not over-emphasise the importance of winning 3.4. Parents Personal Responsibilities Specific to Children / Adults at Risk Must treat everyone fairly and sensitively regardless of their Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion and belief, Sex, Sexual orientation and Ability Remember that children play for their fun, not yours! During club classes or other training sessions, respect the instructor/coach. If you have any issues or concerns, please address these to the instructor/coach after the lesson/training session Encourage your child always to play by rules and to respect the instructor/coaches, officials and volunteers Applaud all good play Encourage children to play, do not force them Learn the rules to better understand what you are looking at and commenting on Praise your child’s efforts whether they win or lose Do not question the judgement of and show your appreciation to all officials, instructors/coaches and helpers Never ridicule a child for losing or making a mistake Condemn the use of violence, profane language and any form of abuse Children learn best by following a good example Think of how you can best help the instructor/coach and/or the club As a spectator you must never enter the field of play/activity
BTC Code of Conduct and Ethics Booklet V5.0 Page 6 of 33 Dec 2023 3.5. Officials Personal Responsibilities Specific to Children / Adults at Risk Must treat everyone fairly and sensitively regardless of their Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion and belief, Sex, Sexual orientation and Ability Know the rules and regulations to ensure a professional event, safeguarding all participants and attendees Be honest, consistent, objective, impartial, courteous and compassionate when applying the rules of the event Compliment all competitors on good play when the opportunity arises Use common sense to ensure that the spirit of the event is not lost Encourage all participants to play within the rules and the spirit of the event/competition Try to ensure that the event/competition is allowed to flow with only as many stoppages as is necessary Show patience and understanding towards students who may be learning the event/competition Not be afraid to take decisions. An official should be wise, fair and firm and resist any possible influence from protests on the part of students, team officials or spectators Show respect towards students and team officials Inform the person or body directly responsible if unable to officiate for any reason Refrain from requesting hospitality of any kind, or accept any hospitality offered and considered to be excessive Always have regard to the best interests of the game/competition, including where publicly expressing an opinion on the game/competition or any particular aspect of it, including others involved Do not tolerate foul, sexist or racist language from students, officials, spectators In reports, an official should set out the true facts and not attempt to justify any decisions It is necessary for the official’s authority to be protected, not only for the sake of the event/competition, but also in the interest of fellow officials. This protection should, however, not influence the overriding regard for protection of the participants An official should assist with the development of less experienced officials and assistant officials
BTC Code of Conduct and Ethics Booklet V5.0 Page 7 of 33 Dec 2023 4. BREACHES OF BTC CODE OF CONDUCT 4.1. Any behaviour by student, official, instructor/coach, instructor’s assistant, volunteer or spectator deemed to contravene the BTC Code of Conduct should be dealt with in line with the BTC Disciplinary Policy. 4.2. Any behaviour by student, official, instructor/coach, instructor’s assistant, volunteer or spectator deemed to contravene the BTC Safeguarding Children and Adults at Risk Policies and Implementation Procedures should be reported as detailed in the BTC Safeguarding Policies.
BTC Code of Conduct and Ethics Booklet V5.0 Page 8 of 33 Dec 2023 BRITISH TAEKWONDO COUNCIL Complaints Policy Version Author Changes Date Next Review Date 2 Trevor Nicholls May 2018 May 2020 3 Trevor Nicholls Reformatted May 2020 May 2022 4 T Humphries Full review to align with new Adult Safeguarding policy, National Code of Sports Governance 2021 and appointment of the BTC Safety and Welfare Lead. Dec 2023 Dec 2026 The procedure described below is to enable any individual or organisation wishing to make a general complaint against a British Taekwondo Council (BTC): • Instructor/Coach • Instructor’s Assistant • Official • Student • Parent/Carer • Volunteer • Member association NB: If the matter relates to safeguarding of a child or vulnerable adult, please communicate directly with an Association Safeguarding of the BTC Member Organisation, the BTC Lead Safeguarding Officer, Police or Social Services, as detailed in the BTC Safeguarding Children and BTC Safeguarding Adults in Sport Policies. 1. In the first instance, discuss the matter with the club instructor/coach. If you do not achieve a satisfactory resolution, you are advised to communicate in writing to a designated support officer of the relevant BTC Member Organisation. If this does not resolve the issue, please send copies of all correspondence to date, with a covering letter to: BTC Safety and Welfare Lead British Taekwondo Council 130 Barrows Green Lane Widnes Cheshire WA8 3JJ 2. The BTC Safety and Welfare Lead will acknowledge receipt of your communication and investigate the matter. 3. The BTC Safety and Welfare Lead will advise in writing the outcome of the investigation. 4. If you are dissatisfied with the response from the BTC, you may wish to refer the matter on to an appropriate external/national body.
BTC Code of Conduct and Ethics Booklet V5.0 Page 9 of 33 Dec 2023 BRITISH TAEKWONDO COUNCIL Data Protection Policy Version Author Changes Date Next Review Date 2 Trevor Nicholls May 2018 May 2020 3 Trevor Nicholls Reformatted, Para 1, 2, 3.2, 3.3, 4.5 May 2020 May 2022 4 T Humphries Full review: reformatting and updates in Paras 3, 4, 6, 7 and 8 denoted by redline Dec 2023 Dec 2026 Section Title Page 1 General principles 1 2 Reference 2 3 Procedure 2 4 Why information is held 3 5 Access to information 3 6 Storing information 3 7 Duty to disclose information 4 8 Breach of confidentiality 4 1. General principles This policy follows the seven principles of the General Data Protection Regulations 2018 which superseded the Data Protection Act 1998 (effective from 1st March 2000) and regulates how personal data about individuals can be held, stored and used. The responsible officer for issues in relation to Data Protection and confidentiality is the Lead Safeguarding Officer, who will also ensure that British Taekwondo Council (BTC) maintain the relevant ICO (Information Commissioner’s Office) Licence.
BTC Code of Conduct and Ethics Booklet V5.0 Page 10 of 33 Dec 2023 2. Reference https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-dataprotection-regulation-gdpr/principles/ 3. Procedure 3.1 BTC will process individuals’ personal data fairly and lawfully and ensure that appropriate measures are taken to protect against unauthorised or unlawful processing of personal data and against accidental loss of, or damage to, personal data. 3.2 In line with our legal obligations as laid down by the General Data Protection Regulation (GDPR) 2018, the BTC needs to keep information about officers and recognised Governing Body instructors. Information held includes contact data (names, addresses, email and telephone number) and accreditation information, including DBS/PVG Scheme Disclosure details. 3.3 The information held will be for BTC management and administrative use and to advise authorised and interested parties (eg schools, local authorities, venue providers, prospective members, parents and carers). BTC may, from time to time, need to disclose some information held about officers/registered instructors to relevant third parties (e.g. where legally obliged to do so by Inland Revenue, Police or when requested to do so by individuals for the purpose of giving a reference). BTC will advise the individual concerned about these requests, if permitted. The BTC recognise that officers and instructors/coaches use information about individuals and associations during the course of their work or activities. In most cases information will not be stated as confidential and it will be necessary to use common sense and discretion in deciding whether information is expected to be confidential. This policy aims to give guidance but if in doubt, seek advice from the BTC Lead Safeguarding Officer. 3.4 Officers and instructors/coaches are able to share information with their line manager where necessary to discuss issues and seek advice. 3.5 Officers and instructors/coaches should avoid exchanging personal information about individuals with whom they have a professional relationship. 3.6 It is not appropriate to discuss a person’s sexuality without their prior consent. 3.7 Officers and instructors/coaches should avoid talking about member organisations or individuals in social settings. 3.8 Officers and instructors/coaches will not disclose to anyone, other than their line manager, any information considered sensitive, personal, financial or private without the knowledge or consent of the individual, or an officer, in the case of a member organisation. 3.9 If it is necessary to discuss difficult situations with each other to gain a wider perspective on how to approach a problem, the member organisation’s consent must be sought before personal information enters into the discussion unless it is beyond doubt that the member organisation would not object to this. Alternatively, a discussion may take place with names or identifying information remaining confidential. 3.10 Where there is a legal duty on BTC to disclose information, the person to whom the confidentiality is owed will be informed that disclosure has been, or will be, made.
BTC Code of Conduct and Ethics Booklet V5.0 Page 11 of 33 Dec 2023 4. Why information is held 4.1 Most information held by BTC relates to member organisations or individuals which are in membership or fund them. 4.2 Information is kept to enable BTC to undertake all duties associated with its role as the National Governing Body for Taekwondo in the UK, including DBS/PVG/AccessNI Scheme information. 4.3 BTC has a role in putting people in touch with voluntary and community organisations and keeps contact details which are passed on to any enquirer, except where the member organisation expressly requests that the details remain confidential. 4.4 Information about students is given to the relevant member organisation and to no one else. 4.5 Information about ethnicity and disability of users is kept for the purposes of monitoring our Equity Policy and also for reporting back to funders. This data is normally anonymised. 5. Access to information 5.1 Information is confidential to BTC as an organisation and may be shared with member organisations to ensure the best quality service for members. 5.2 Where information is sensitive, ie it involves disputes or legal issues; it will be confidential to the officers dealing with the case. Such information should be clearly labelled ‘Confidential’ and should state the names of the officers entitled to access the information and the name of the individual or group who may request access to the information. 5.3 Officers, instructors/coaches and volunteers will not withhold information from their line manager unless it is purely personal. 5.4 Officers, instructors/coaches and volunteers may have sight of their personal records by giving 40 days’ notice in writing to the Chair. BTC reserve the right to charge £10 for such requests. 5.5 When photocopying or working on confidential documents, staff/officers must ensure they are not accidentally seen by others. This also applies to information on computer screens. 6. Storing information 6.1 General non-confidential information about associations is kept in unlocked filing cabinets or electronic files with open access to all BTC officers. 6.1 Information about volunteers, students and other individuals will be kept in lockable filing cabinets by the officer directly responsible. The use of passwords is required for such information held electronically. These officers must ensure line managers know how to gain access. 6.2 Officers and instructors’/coaches’ personal information will be kept in accordance with DBS/PVG/AccessNI Scheme requirements, in lockable filing cabinets or password protected electronic files accessed only by authorised officers. 6.3 Files or filing cabinet drawers bearing confidential information should be labelled ‘confidential’. Electronic files should be password protected.
BTC Code of Conduct and Ethics Booklet V5.0 Page 12 of 33 Dec 2023 6.4 In an emergency situation, the Chair or CEO may authorise access to files by other people. 7. Duty to disclose information 7.1 There is a legal duty to disclose some information including: • Abuse of children or adults at risk will be reported to the relevant Social Services Department • Drug trafficking, money laundering, acts of terrorism or treason will be disclosed to the police 7.2 In addition, if officers or instructors/coaches believe that an illegal act has taken place, or that a member is at risk of harming themselves or others, they must report this to the BTC Safety and Welfare Lead, who will report it to the appropriate authorities. The police should be immediately informed if there is imminent danger to life. 7.3 Members should be informed of this disclosure. 8. Breach of confidentiality 8.1 Members who are dissatisfied with the conduct or actions of any officer, instructor/coach or volunteer of BTC should use the Complaints or Whistleblowing procedure as appropriate and not discuss their dissatisfaction outside the BTC. 8.2 Officers or instructors/coaches accessing unauthorised files or breaching confidentially may face disciplinary action. Ex-officers, instructors/coaches or members breaching confidentiality may face legal action.
BTC Code of Conduct and Ethics Booklet V5.0 Page 13 of 33 Dec 2023 BRITISH TAEKWONDO COUNCIL Capability Policy and Procedure Version Author Changes Date Next Review Date 1 Trevor Nicholls May 2016 May 2018 2 Trevor Nicholls HMO changed to Head of BTC Member Organisation; reformatted May 2020 May 2022 3 T Humphries Full review: Para 1: removal of ‘Ltd’ in line with Companies House registration; Para 3: updated to reflect new organisation structure; Paras 4 and 12 to clarify ‘agreed advocate’ and remove references to trade union representation Dec 2023 Dec 2026 Section Title Page 1 Introduction 2 2 Scope 2 3 Roles and responsibilities 2 4 Principles 3 5 What could constitute a capability matter 3 6 Fast track capability cases 3 7 Informal action 3 8 Formal process stage 1 4 9 Stage 2 5 10 Stage 3 5 11 Timescales 6 12 Right to be accompanied 6 13 Right of appeal 7
BTC Code of Conduct and Ethics Booklet V5.0 Page 14 of 33 Dec 2023 1. INTRODUCTION 1.1 The British Taekwondo Council (BTC) is committed to ensuring that all staff are supported and developed so that they can achieve and deliver their best possible standard of work. This policy is designed to encourage and maintain high standards of capability, efficiency and work performance so as to ensure excellent training and support for students. 1.2 This document provides a fair and objective structure for managing an employee’s work performance where it falls below an acceptable level. If work performance relates to sickness absence, please refer to the Absence Management Policy. Any issues of capability and conduct will be dealt with through the Disciplinary Policy. 2 SCOPE The Policy and Procedure set out in this document applies to all BTC instructors and employees. We reserve the right to review and amend this Policy as and when required. 3 ROLES AND RESPONSIBILITIES 3.1 The BTC Independent Non-Executive Chair (INEC) has overall responsibility for the maintenance of high standards of performance within BTC. The Chief Executive Officer (CEO) has responsibility in operational activities. Head of BTC Member Organisations are responsible for the overall maintenance of high standards of instruction and performance within their organisation. The authority to dismiss under this policy rests with Heads of BTC Member Organisations, Senior Managers and the BTC Board Nominations Committee within BTC. 3.2 Heads of BTC Member Organisations, Senior Managers and BTC Board will: a) Set and maintain clear, fair and consistent standards of performance at work. b) Deal with under performance as and when it arises and inform employees when their training or work is falling below expectations in an appropriate and constructive way. c) Bring the Capability Policy and Procedure to the attention of employees. d) Be aware of and refer to the company’s Absence Management Policy in terms of health-related poor performance. 3.3 Instructors and employees will: a) Co-operate with their manager to resolve any problems which are identified in relation to their performance. b) Co-operate with any investigation under the Capability Policy and all reasonable management instructions and support whilst performance issues are being managed
BTC Code of Conduct and Ethics Booklet V5.0 Page 15 of 33 Dec 2023 4 PRINCIPLES a) To ensure that staff know what performance standards are expected of them. b) To ensure that performance standards are reasonable and achievable. c) To primarily help and encourage employees to improve unsatisfactory performance. d) To provide appropriate development, training and support. e) To ensure that a fair and structured process is applied consistently, that the employee’s feedback is taken into consideration and that any formal steps taken are confirmed in writing clearly stating a right of appeal. f) An employee has the right to be accompanied by an agreed advocate (work colleague) at any formal capability meeting. g) To ensure that matters are dealt with as quickly and reasonably as possible and that appropriate confidentiality is maintained. h) Not to discriminate against any individual in the application of this policy and procedure on the basis of any protected characteristic or other grounds protected in law. 5 WHAT COULD CONSTITUTE A CAPABILITY MATTER? A capability issue may arise when standards and expectations are not being satisfactorily met e.g. an employee is failing to carry out their responsibilities or duties in a satisfactory manner because of a lack of ability. Capability issues may arise due to lack of knowledge or experience, an inability to adjust to changes in work practices, an inability to cope with workloads or timescales. In all these cases there must be factual information to support these concerns which clearly demonstrate that acceptable standards of performance are not being met and that the employee should reasonably have known what was expected of them. Consideration must always be given to the level of training and support that has been given and also whether there may be any underlying health issues or concerns outside of work that may be affecting the employee. 6 FAST TRACK CAPABILITY CASES 6.1 Particularly serious cases of incapability may be fast tracked e.g. where it becomes clear that an acceptable or appropriate level of improvement is beyond the ability of the employee, where there is a lack of co-operation with suggested methods to achieve improvement or where the unacceptable performance is so serious in terms of impact on students and services that it warrants immediate and fast action. 6.2 In these circumstances the formal process of the capability policy and procedure will be implemented, and a final written improvement notification issued if appropriate. This must be followed by a period of performance monitoring and will be followed by a Stage 3 (final stage) hearing where insufficient improvement has been achieved. This may result in dismissal. Advice from senior management should be sought before any fast track action is taken. 7 INFORMAL ACTION The employee should be made aware that there are concerns about their performance at an early stage, informed of the detail of the concerns and provided with constructive advice and support to assist in addressing those concerns. The employee should have the opportunity to respond to the issues raised. Reference should be made to 1-1 notes where concerns have previously been highlighted and the employee should be provided with examples of where their training or work has not met a satisfactory standard. Specific actions including training
BTC Code of Conduct and Ethics Booklet V5.0 Page 16 of 33 Dec 2023 and support where appropriate should be agreed, recorded and monitored. Every effort should be made to allow the employee time and opportunity to make improvements through the informal process before moving to the formal process. 8 Formal Stages This formal capability process should be followed where there are serious concerns that the informal process has been unable to satisfactorily address. Each stage of the formal process should involve a meeting, confirmation of the outcome and an action plan (Performance Improvement Plan) and a period of monitoring and review. An Improvement warning may be issued at each stage. This is similar to a warning under the Disciplinary Policy but the difference in wording reflects the fact that the primary aim of the Capability Policy is to help and support people make and sustain improvements. 8.1 First Stage – First Written Improvement Warning 8.2 Formal capability meeting A capability meeting to establish and discuss the facts will be conducted by the Head of the BTC Member Organisation or another senior manager. The employee must be given reasonable notice of the meeting to allow them time to prepare and all relevant information must be shared with the employee beforehand, at least 5 working days. The employee must be given the opportunity to present their response to the issues of concern. 8.3 Monitoring and review period following a formal capability meeting A performance monitoring and review period will follow the capability meeting (conducted by the HMO or senior manager), the purpose of which is to monitor progress and enable satisfactory improvement to be made and maintained. Formal monitoring, evaluation, guidance and support will be agreed for this period and will be recorded in a Performance Improvement Plan (PIP). 8.4 Formal review meeting 8.5 A formal review meeting will be conducted by the Head of the BTC Member Organisation or senior manager following the monitoring and review period. 8.6 If there has been improvement the manager may confirm that the formal process has been satisfactorily concluded. However, they should be clear that if further issues arise then the process may begin move to the second stage. If there has been some improvement the manager may agree an extension to the review period depending on the circumstances. 8.7 If no, or insufficient improvement has been made during the monitoring and review period, the employee may receive a first written Improvement warning. The warning will remain “live” for future performance purposes for 6 – 12 months, depending on the circumstances. The exact time period will be confirmed in writing to you along with your right to appeal. 8.8 The outcome must be confirmed in writing within 5 working days including follow up actions, training and support and the potential consequences of a failure to make or sustain improvements.
BTC Code of Conduct and Ethics Booklet V5.0 Page 17 of 33 Dec 2023 9 Second Stage – Final Written Improvement Warning 9.1 Monitoring and review period following a first improvement warning A performance monitoring and review period will follow the formal first written warning; the purpose of which is to monitor progress against the PIP and enable satisfactory improvement to be made. This will be conducted by the Head of the BTC Member Organisation or senior manager. Formal monitoring, evaluation, guidance and support will again be agreed and continue during this period. The PIP will be updated. 9.2 Formal review meeting A formal review meeting will be conducted by the HMO or senior manager following the monitoring and review period. 9.3 If there has been improvement the manager may confirm that the formal process has been satisfactorily concluded. However, they should be clear that if further issues arise then the process may begin at Stage 3. If there has been some improvement the manager may agree an extension to the review period under Stage 2 depending on the circumstances. 9.4 If the employee has received a written Improvement warning and their performance remains unsatisfactory and there are no significant mitigating circumstances, then they may be issued with a final Improvement warning as at stage 1 the warning will remain “live” for future performance purposes for 6 – 12 months, depending on the circumstances. The exact time period will be confirmed in writing to you along with your right to appeal. The outcome must be confirmed in writing within 5 working days including follow up actions, training and support and the potential consequences of a failure to make or sustain improvements. 10 STAGE 3 – FINAL STAGE 10.1 Monitoring and review period following a final improvement notification A performance monitoring and review period will follow the formal Stage 2; the purpose of which is to review performance, the steps that have been put in place to assist improvement and to give a final opportunity for improvement to be made. This will be conducted by the Head of the BTC Member Organisation or senior manager. Formal monitoring, evaluation, guidance and support based on dialogue between the employee and their line manager will again be agreed and continue during this period. The PIP will be updated. 10.2 If there has been improvement the manager may confirm that the formal process has been satisfactorily concluded. However, they should be clear that if further issues arise then the process may begin at Stage 3. If there has been some improvement the manager may agree an extension to the review period under Stage 3 depending on the circumstances. 10.3 If insufficient improvement has been made during the monitoring and review period then a Stage 3 (Final Stage) Hearing shall be convened. It should be made clear to the employee that a Stage 3 Hearing may result in their dismissal. 10.4 Stage 3 (final stage) hearing – Conducted by an appropriate independent senior manager with authority to dismiss
BTC Code of Conduct and Ethics Booklet V5.0 Page 18 of 33 Dec 2023 10.5 The employee should be given reasonable written notice of the Stage 3 Hearing, ideally no less than 5 working days and should be provided with copies of all the evidence including PIPs that have led to the Stage 3 (Final Stage) Hearing. The Hearing will allow the manager and the member of staff the opportunity to provide relevant information. 10.6 Any decision to dismiss must be confirmed in writing ideally within 5 working days of the decision. The employee will be entitled to receive their contractual or statutory notice entitlement (whichever is the longer) which will be paid in lieu. The letter should confirm the employee’s right to appeal the decision. 10.7 Before deciding whether to dismiss, the hearing cha i r must consider the following: a. Whether reasonable standards of performance have been set and whether these have been made clear to and understood by the employee. b. Whether the employee was advised of the consequences of failing to meet the standards c. Whether the employee was given appropriate support, training and 1-1 guidance d. Whether the employee was given a reasonable amount of time for improvement. e. Whether the informal and formal processes have been followed in a fair and reasonable way. f. Whether there are any mitigating circumstances that might explain the concerns and whether any appropriate adjustments were made to account for these. g. The possibility of redeployment or other alternatives where appropriate. 11 TIMESCALES AND EXTENSIONS 11.1 The length of each monitoring and review period described above may vary depending on the employee’s role and the performance concerns. Review periods must give a reasonable amount of time for improvements to be made with due regard to the needs of the BTC and students. 11.2 If a reasonable and appropriate level of improvement is reached that does not warrant a move to the next stage, the PIP should be maintained for an agreed period and revised accordingly. If performance remains satisfactory the manager should confirm this in writing and conclude the PIP. However, the member of staff should be informed that any further issues will be picked up at the stage the employee reached rather than at the beginning. 11.3 If improvement is completely satisfactory in all respects then the PIP will be concluded but the member of staff will be informed about the consequences of any further issues arising, as above. 12 RIGHT TO BE ACCOMPANIED 12.1 The employee has the right at any formal capability hearing to be accompanied by an agreed advocate (work colleague) but not a friend, family member or legal representative. BTC will not meet any of the costs associated with the attendance of the representative at a disciplinary hearing beyond granting paid time off to a representative who is a BTC employee.
BTC Code of Conduct and Ethics Booklet V5.0 Page 19 of 33 Dec 2023 12.2 The role of the representative is to support the employee. They should have the opportunity to ask questions of clarification and confer with the employee. The representative should not normally answer questions on behalf of the employee. However, if there are potential communication issues and the employee agrees, the representative may answer questions on their behalf as long as the accuracy of the responses are checked with the employee. 13 RIGHT OF APPEAL 13.1 An appeal must be made in writing to the CEO within 10 working days of receipt of the written confirmation of a formal warning. The purpose of the appeal meeting is not to re-hear the original performance issues and all the evidence; instead, the appeal meeting will normally be a review of the decision taken, usually by a more senior manager. At the appeal meeting, the manager who chaired the formal performance meeting will usually present the reasons for their findings and an explanation of why the sanction was given. The employee will then be able to respond, ask questions, and put forward any mitigating circumstances or evidence to support the appeal 13.2 Appeals will be heard by the CEO, Head of the BTC Member Organisation or a senior manager not involved in the original capability process. HR advice may be sought. The appeal will generally be held within 5 working days of receipt of the appeal later. 13.3 The appeal hearing officer will consider whether the original decision was a reasonable response given the circumstances of the case. An appeal may overturn the sanction or apply a lesser sanction. An appeal will not usually impose a more severe penalty. 13.4 The outcome of the appeal must be confirmed in writing ideally within 5 working days of the appeal hearing. If a decision to dismiss has been overturned, the employee will be reinstated with no break in service. The employee will be informed that there is no further right of appeal.
BTC Code of Conduct and Ethics Booklet V5.0 Page 20 of 33 Dec 2023 BRITISH TAEKWONDO COUNCIL Disciplinary Policy Version Author Changes Date Next Review Date 2 Trevor Nicholls May 2018 May 2020 3 Trevor Nicholls Reformatted May 2020 May 2022 4 T Humphries Full review: Full review: para 1: removal of ‘Ltd’ in line with Companies House registration; para 3: updated to reflect new organisation structure; paras 11, 13, 14, 15, 17 updated to clarify ‘agreed advocate’ and remove references to trade union representation; para 12 to reflect additional safeguarding policy Dec 2023 Dec 2026 Section Title Page 1 Introduction 2 2 Scope. 2 3 Roles and responsibilities 2 4 Types of misconduct 3 5 Misconduct 3 6 Gross Misconduct 4 7 Informal Process 4 8 Formal Process 5 9 Other Action 5 10 Expiry of warnings 5 11 Suspension 6 12 Procedure for formal investigations 6 13 Purpose of investigation 7 14 Notification of disciplinary hearing 7 15 Right to be accompanied 8 16 Grievance during the disciplinary process 9 17 Disciplinary hearings 9 18 Confirmation of outcome of the disciplinary hearing 9 19 Right of appeal 10
BTC Code of Conduct and Ethics Booklet V5.0 Page 21 of 33 Dec 2023 1 INTRODUCTION This document sets out how the British Taekwondo Council (BTC) will deal with any issues involving an instructor’s or an employee’s conduct falling below normal or acceptable standards. Its aim is to help and encourage all instructors/employees to achieve and maintain the required standards of conduct and to ensure that the BTC is objective, reasonable and consistent in its approach to dealing with conduct issues. 2 SCOPE 2.1 This policy sets out the British Taekwondo Council’s approach to dealing with misconduct by any BTC instructors (volunteers) and employees. It does not form part of terms and conditions of the role or employment and may be subject to change at our discretion. 2.2 BTC expects a high standard of conduct from instructors and employees at all times. This policy aims to promote, improve and maintain this high standard, whilst ensuring that everyone is treated fairly and consistently. We expect instructors and employees to work closely with us to ensure that any issues are resolved as quickly as possible. 2.3 This policy applies throughout every aspect of work with BTC, and also extends to events outside of the workplace where there is a link to work, e.g. work-related social events, social media. 2.4 Unless there is a potential issue of gross misconduct, we will usually try to deal with disciplinary issues informally first. If we proceed to the formal stages of this policy, then our aim will be to work with instructors and employees to make improvements immediately wherever possible. 2.5 If there are issues with performance as well as conduct, then this will usually be the lead policy, but we will refer to BTC Capability Policy wherever appropriate. 3 ROLES AND RESPONSIBILITIES 3.1 The BTC Independent Non-Executive Chair (INEC) has overall responsibility for the maintenance of high standards of performance within BTC. The Chief Executive Officer (CEO) has responsibility in operational activities. Head of BTC Member Organisations are responsible for the overall maintenance of high standards of instruction and performance within their organisation. The authority to dismiss under this policy rests with Heads of BTC Member Organisations, Senior Managers and the BTC Board Nominations Committee within BTC. 3.2 Head of Member Organisations, Senior Managers and the Board will: e) Ensure that all instructors and employees are aware of the required standards of conduct and follow appropriate policies and procedures. f) Promptly draw an instructor’s/employee’s attention to any way in which their conduct falls below what is expected of them. g) Apply this policy fairly and consistently. h) Advise and support instructors/employees informally on matters which do not require action under the formal procedure
BTC Code of Conduct and Ethics Booklet V5.0 Page 22 of 33 Dec 2023 i) Keep notes of /and appropriately file any informal or formal discussions relating to conduct issues and maintain confidentiality 3.3 Instructors and Employees will: a) Take full personal responsibility for maintaining a standard of conduct in line with BTC expectations, policies and procedures b) Co-operate with any investigation being carried out into their own or others’ alleged misconduct c) Attend and take part in any disciplinary investigation meeting or hearing and be prepared to put forward their version of events and/or explain their conduct fully, honestly and truthfully d) Maintain confidentiality 3.4 Investigating Officers will: a) Seek guidance from BTC management team as appropriate b) Ensure the provision of a complete, thorough investigation report, within a recommended timeline and to a high standard c) Advise the relevant senior manager of any potential conflict of interest that might prejudice a fair investigation d) Make a recommendation to the manager who will chair any disciplinary hearing as to whether or not there is a case to answer e) Will normally attend disciplinary hearings to present the management case f) Maintain contact with an employee who is suspended, where appropriate g) Maintain confidentiality 4 TYPES OF MISCONDUCT Some examples are given below of what may constitute misconduct or gross misconduct. These lists are not exhaustive and each case will be decided individually. Misconduct and gross misconduct can take place in a number of forms, for instance, verbally, in writing or online such as on social media websites. 5 MISCONDUCT Depending upon the severity, the appropriate disciplinary sanction for the misconduct issues below can range from formal warnings to dismissal with notice. In addition, the issues below may also amount to gross misconduct, depending on the circumstances and your role: • poor time-keeping; • failure to comply with BTC’s policies and procedures; • cancelling a session at short notice or failing to attend a booked session; • failure to carry out reasonable management instructions; • disruption to other instructors/employees carrying out their duties; • reckless damage to or loss of BTC’s property; • rudeness to other colleagues, staff, customers, parents or other third parties; • smoking in non-designated areas of BTC’s premises;
BTC Code of Conduct and Ethics Booklet V5.0 Page 23 of 33 Dec 2023 • failure to work in accordance with Health and Safety policies; • misuse of social media; • failure to report a potential safeguarding concern relating to a vulnerable child or adult; • persistent absenteeism including intermittent and unrelated absences; • Unauthorised absence from place of work without reasonable cause. 6 GROSS MISCONDUCT Examples of gross misconduct, which would usually lead to summary dismissal, include: • persistent refusal to carry out reasonable management instructions or insubordination; • abusive, aggressive, offensive or threatening behaviour towards other colleagues, staff, customers, parents or other third parties; • assault, physical violence and/or indecent behaviour towards other colleagues, staff, customers, parents or other third parties; • bullying and/or harassment of other colleagues, staff, customers, parents or other third parties; • theft or unauthorised possession of property belonging to BTC, other colleagues, staff, customers, or other third parties; • fraud, bribery (giving or receiving) or deliberate falsification of records or documents; • being arrested, charged, cautioned or convicted of a criminal offence (including theft or fraud) which BTC considers renders you unsuitable or unable to carry out your duties; • wilful or deliberate damage to property or possessions belonging to BTC, other col leagues, staff, customers, clients or other third parties; • acting in such a way as to bring BTC into disrepute; • unauthorised possession, copying, operation, utilisation, destruction or retention of BTC records (including computer records) or documents; • any acts of unlawful discrimination, taking into account the Equality Act 2010; • any act of deceit or dishonesty relating or connected to your employment or BTC business or affairs, including receiving personal benefits from those seeking to do business with BTC and wilful concealment of relevant facts/information; • failure to disclose relevant/accurate information for criminal record checking procedures; • divulging any confidential information belonging to BTC to any third parties without prior authority or consent or as part of the proper performance of duties (subject always to the Whistle-Blowing Policy); • serious breach of BTC’s equal opportunities or dignity at work policies; • being under the influence of alcohol or prescribed drugs, or dealing drugs, whilst in a working environment or with working contacts; • endangering the health or safety of others; • negligence in the performance of work duties; • indecent behaviour; • internet, email or social media abuse; • not having eligibility to work in the UK and wilfully concealing this. 7 INFORMAL PROCESS 7.1 It is expected that most minor one-off conduct issues will be dealt with informally. It is usually the case that the right word, in the right way, at the right time will resolve minor conduct issues quickly and effectively. The instructor/employee should be told what their
BTC Code of Conduct and Ethics Booklet V5.0 Page 24 of 33 Dec 2023 shortcomings are, what is expected and the consequences of not addressing these conduct issues. A verbal warning should be issued and note of the discussion should be kept on file. 7.2 Where informal action fails to bring about the necessary improvement or the issues are more serious, then the formal stages of this policy will be followed. 8 FORMAL PROCESS 8.1 The formal stages of the Disciplinary procedure are based upon a graduated system of warnings with more serious sanctions being applied where poor conduct is repeated. The stages are listed below. The seriousness of the offence may result in stages in the process being missed out. An instructor/employee will not usually be dismissed for a first breach of discipline. However, in cases of serious or gross misconduct an employee may be dismissed without having had any prior formal warnings. 8.2 When deciding whether a disciplinary sanction is appropriate and what form it should take the following factors will be taken into account: the instructor’s/employee’s disciplinary and general work record, length of service, the explanation given by the instructor/employee (including mitigating circumstances), actions taken in any previous similar case and whether the intended disciplinary action is reasonable in the specific circumstances of the case. Actions which may be taken include: • First Written Warning The warning will normally be current for 12 months and may be taken into consideration in any future disciplinary action. This would generally be for first offence of misconduct. • Final Written Warning The warning will normally be current for 18 months and may be taken into consideration in any future disciplinary action. • Dismissal This would be for the recurrence or accumulation of offence/offences or for gross misconduct. 8.3 The length of warning may be amended depending on the circumstances. No warning should be issued without an investigation and a hearing. Formal warnings should state clearly the reasons for the warning, identify any actions, the consequences of further misconduct and the length of time the warning is to be retained on file. 9 OTHER ACTION It is possible that the outcome of a hearing may be that no further action is necessary because there is no case to answer. This is likely to be an unusual outcome as it should be apparent before a Hearing is organised whether there is sufficient evidence to justify a Hearing. 10 EXPIRY OF WARNINGS 10.1 At the end of the warning period all reference to the warning will be removed from the personnel file and destroyed. If there is further misconduct during the warning period which results in another warning being issued, the previous warning will remain on file until the expiry of the subsequent warning.
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