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.
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