27851234.V1 Diamond Learning Partnership Trust - Handbook 335035.0001 18/08/2019 1
Staff Handbook
Approved by: Chief Executive Date: September 2019
Last reviewed: September 2019
Next review due by: September 2022
27851234.V1 Diamond Learning Partnership Trust - Handbook 335035.0001 18/08/2019 1
Contents
1. Introduction
2. Vision and Values
3. Trust Leadership and Governance
4. History
5. Code of Conduct
6. Working with us
7. Family Friendly Policies and Other Leave
8. Equipment and IT
9. Annex 1: Equal Opportunities Policy
10. Annex 2: Disciplinary Procedure
11. Annex 3: Grievance Procedure
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1. Introduction
Welcome to the Diamond Learning Partnership Trust (the Trust), a charitable multi-academy
trust based in St Neots, Cambridgeshire. The Trust’s aspirations are local and specialist,
focussing on pre-school and primary education within one hour’s drive of St Neots, ensuring
that children are well prepared to move to the next phase of their education.
We work hard to achieve the highest level of support, teaching and resources in an outstanding
environment and are extremely proud of the success of our pupils and staff. This success is
underpinned by the support of parents, guardians and carers who work together with the Trust
and their children to help achieve the highest possible standards.
We are an equal opportunities employer and do not discriminate on the grounds of gender,
sexual orientation, marital or civil partner status, pregnancy or maternity, gender reassignment,
race, colour, nationality, ethnic or national origin, religion or belief, disability or age.
This Handbook sets out some of the Trust's key policies and procedures, together with other
information relating to the Trust, its schools and your employment. You should familiarise
yourself with it and ensure you comply with it at all times. Any questions you may have with
regards to its content or what you have to do to comply with it should be referred to your line
manager or the HR Department. This Handbook does not include all of the policies operated
by the Trust and its schools. You must ensure you comply with all other policies introduced by
the Trust and its school from time to time, which are available from the Trust website (Trust
wide policies) and each school website (local policies).
This Handbook applies equally to activities taking place outside of normal school hours
including after school clubs, school trips and trips involving overnight stays. Further detail will
be provided to you from time to time and/or set out in our Educational Visits Policy.
The information in this Handbook applies to all staff unless otherwise indicated. The Handbook
does not form part of your terms and conditions of employment with us, which are provided to
you separately, and we may amend the Handbook at any time.
2. Vision and values
The aim of the Trust is to create schools where every child achieves the highest possible
standards through a relentless focus on high quality teaching and learning.
The Trust is focused on transforming children’s lives and their life chances through a clear
focus on unlocking every child’s abilities. Our primary objective is to provide the perfect balance
between an excellent education, uncompromising pastoral care and the nurtured development
of every individual child’s qualities.
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Ensuring all children make good or better progress in reading, writing and numeracy is one of
the Trust’s core purposes. All staff will consistently and energetically use the most effective
methods for teaching these basic skills. High quality training, from leading experts in literacy
and numeracy teaching will equip you to do so. Underpinning this will be:
Outstanding day-to-day teaching, assessment and marking of children’s work.
First-rate systems for tracking, identifying and celebrating children’s progress .
An exciting, relevant and inspiring curriculum so that it meets the needs of all children.
Excellent support for every child, so that all children achieve their potential regardless
of their background.
Outstanding, determined, resolute leadership where high expectations are
communicated to all.
Strong governance where governors and senior leaders set a clear direction and
provide strong leadership.
3. Trust leadership and governance
3.1 Chief Executive Officer, Susannah Connell
Susannah is a National Leader of Education and a Lead Ofsted Inspector. She is the
St. Neots representative on Cambridgeshire and Primary Heads, represents primary
academies in Cambridgeshire and Peterborough on the Schools Forum. Susannah is
the Chief Accounting Officer.
3.2 Deputy Chief Executive Officer, Tracy Bryden
Tracy has undertaken the roles of Key Stage Leader, Assistant Head, Deputy Head
and more recently Headteacher of The Round House Primary Academy and the
Trust’s Deputy CEO. Tracy is the Chair for Cambridgeshire Primary Heads.
3.3 Chair of Directors, Alan Ball
Alan trained as an engineer and had a number of senior roles in a varied career,
including two successful start-up businesses, divisional management for a multi-
national company, project management services for a large transport provider and
running change management projects. Education has always been a personal
passion and Alan has been a governor for over 30 years. He is currently Chair at an
LA Maintained Primary School, and Great Staughton and Kimbolton schools in the
Trust, and he was the Chair at Winhills when it joined the Trust.
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3.4 Board
There are currently seven Board Directors in addition to the above, a total of ten. They
hold skills, expertise and experience that make them valuable contributors to the
direction, strategy and performance of the Trust.
3.5 Committees
There are committees that contribute to the work of the Board. They have Board
representation but also include representatives from Local Governing Bodies who
have expertise that will contribute to their effective operation. The Finance and Audit
Committee look at the aspects of the Trust which are not concerned with the
curriculum. There are Standards Committees for the St Neots and Fenland Hubs
which look at all aspects of the curriculum.
3.6 Local Governing Bodies
Each school, or occasionally shared between two schools, will have a Local
Governing Body (LGB). Their main focus will be the performance of their own school.
The Head of School, two other staff members and parents together with other
representatives make up the LGB.
4. History
The Trust was established in 2012, by founding members Middlefield Primary Academy and
Winhills Primary Academy. Middlefield is the sponsor school of the Trust; an established,
successful and popular school rated as outstanding by Ofsted.
The Trust was formed with the strong commitment to support other primary schools and their
staff in the interests of children's learning and development. The Trust currently has 12 schools
and is continuing to grow and develop.
5. Code of conduct
We expect all staff to put the wellbeing, development and progress of students first and to act
as role models for pupils, setting an example through high standards of conduct.
We have set out our core expectations relating to the professional conduct of all staff members
in this section of the Handbook, which are designed to interact with other policies and practices
of the Trust and its schools.
5.1 Health and safety
All staff have a duty to ensure the safety and wellbeing of pupils, in particular in
respect of pupils under their responsibility or supervision. Staff must comply with the
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Trust's Health and Safety Handbook and refer to it where necessary and liaise with
the schools’ designated first aiders where appropriate. If pupils have particular health
or medication needs, staff should comply with their designated care plan with the
assistance of a designated first aider if required.
5.2 Safeguarding
All staff have a responsibility to ensure pupils are safeguarded at all times. In
particular, all staff have a duty to raise concerns relating to students promptly and
appropriately to the relevant designated safeguarding lead. Staff must be familiar with
the Safeguarding and Child Protection Policies and Procedures implemented by the
Trust and its schools and sector guidance including but not limited to Keeping Children
Safe in Education (KCSIE) and other Department of Education guidance.
5.3 Duty of care
Staff have a duty of care towards pupils and should always act in the best interests of
the pupils. This includes understanding and appreciating that, as staff members, you
are in a position of trust and influence in respect of children at our schools, which must
not be abused.
5.4 Equal opportunities
It is important to promote equal opportunities, diversity and inclusivity across the Trust
and its schools. The Trust and its schools aim to provide all staff with equal
opportunities and to seek to ensure that no member of staff is discriminated against.
Further information can be found in our Equal Opportunities Policy, which is annexed
to this Handbook.
5.5 Professional relationships
You should seek to develop positive relationships with the Trust and across and within
its schools to ensure a unified and cohesive environment. The Trust does not
condone bullying or other discriminatory behaviour and trusts its staff members to
behave in a courteous and collaborative manner. It is important that you familiarise
yourself with our Anti-Bullying and Harassment Policy.
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5.6 Trust and confidence
You should act in a manner which maintains public trust and confidence in the Trust,
its schools and pupils’ learning environment, both whilst carrying out your duties and
outside of the workplace.
5.7 Professional standards
Teaching staff are responsible for ensuring professional and quality standards of
teaching and exercising appropriate professional judgement, in line with the national
curriculum, sector guidance and the requirements of the Trust and its schools.
Teaching staff should also demonstrate a commitment to continuing professional
development and fostering positive and appropriate professional relationships with
parents, guardians, carers and pupils.
5.8 Confidentiality
As a result of your employment with the Trust or its schools you will have access to
confidential information relating to the Trust, its schools, its staff, trustees, directors,
suppliers, pupils and their family members. You are expected to comply with your
contractual confidentiality obligations and ensure that when dealing with confidential
information you do so professionally, sensitively and discreetly. You may not disclose,
publish or otherwise make any statement to the media concerning the Trust, its
schools, pupils, parents, guardians, carers or staff without written permission from
your Headteacher or the Trust's senior management. Failure to comply with your
confidentiality obligations may result in disciplinary action.
5.9 Data Protection
You must comply with the Trust's Data Protection Policy when dealing with data as
part of your duties and report any actual or suspected data protection breaches to the
Trust’s senior management without delay. Further information, including in respect of
the data we collect and process for you, can be found in our Data Protection Policy.
5.10 Dress code
Teachers and education support staff are professionals. The Trust considers the way
staff dress and their appearance to be of significant importance in portraying a
professional image to all users of its services, whether pupils, parents, governors,
visitors, colleagues or other agencies.
The Trust expects that the clothes worn to work reflect this; staff are expected to wear
business clothes to a standard appropriate within a learning environment for effective
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teaching and learning; leggings, jeans, strappy tops/dresses, clothes/shoes with studs
and flip flops/beach shoes are not classed as business clothes.
If, when you have dressed for work in the morning you look in the mirror and
think “should I be wearing this?” then the answer is no.
All staff must change into suitable clothing and footwear for PE, acting as role models
for the pupils in what is appropriate to wear. All staff must wear PE kit for PE lessons
only.
It is never appropriate for staff dress to reveal underwear.
5.11 Gifts and hospitality
Staff should take care not to accept any gift or offer of hospitality that may be
construed as a bribe or given with the expectation of preferential treatment in return.
There may be occasions where pupils, parents, guardians or carers wish to give a
small token of their appreciation to staff, which is acceptable. However if gifts or
hospitality are offered frequently and/or if they are of high value (over £15), guidance
should be sought from the Business Manager (Trust) or Headteacher (School). Staff
are not permitted to give gifts to pupils, save in accordance with any formal
behavioural reward or initiative operated by the Trust or its schools, by agreement
with the Headteacher of each school. The Trust has a gifts and hospitality policy and
a register of gifts and hospitality exceeding the value of £15 is held by the PA to the
Chief Executive Officer.
5.12 Physical contact
As a general principle, staff must not make physical contact with pupils and it is strictly
forbidden for staff to use physical contact to punish a pupil or to cause harm or
humiliation. There may be circumstances where it is appropriate for staff to use
physical contact, for example, if it is necessary to restrain a pupil, to offer comfort or
reassurance to a distressed pupil or during physical education. However, any such
contact should be the minimum required for care, instruction or restraint and should
not become frequent or unjustified. If you have any concerns in this regard you should
contact any designated safeguarding contact in your school, or if you are still worried
the Chief Executive Officer.
5.13 Privacy
Pupils are entitled to privacy when changing or showering and we expect all staff
members to respect this. It is necessary for staff to maintain an appropriate level of
supervision whilst pupils are showering or changing to ensure that pupils are safe and
to deal with any issues that may arise. However, it is not acceptable for staff members
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to change or shower with pupils present, and staff members should avoid physical
contact or other inappropriate behaviour. As a general rule, pupils should undertake
their own personal care and staff should not interfere with this unless absolutely
necessary and with the pupil's consent.
5.14 Communication with pupils
Staff must not give their personal contact details to pupils, nor should then
communicate with pupils using their personal telephone numbers, email addresses or
social networking sites. Staff shall not establish or seek to establish social contact
with pupils and you should notify senior management of your school if a pupil seeks
to establish social contact with you or if you are aware that another member of staff
is engaging in social contact with a pupil. Failure to comply with this requirement may
result in disciplinary action.
5.15 Relationship with pupils
Staff must not develop any romantic, sexual or otherwise inappropriate relationship
with pupils, nor are staff permitted to groom pupils by paying them more attention or
giving them preferential treatment with a view to manipulating the pupil. Should a pupil
develop an infatuation or interest in a staff member, it should be reported sensitively
and promptly to the Headteacher or senior management of the school by the staff
member themselves or by any other member of staff who becomes aware of any such
attention.
5.16 Transporting pupils
Pupils should not be transported in staff members’ cars unless the staff member has
been specifically authorised to do so as part of an official school or Trust activity. If
this is the case, you must be fit to drive and have a full driving licence, appropriate
insurance and a full MOT, and you must ensure that pupil safety is prioritised. For
example, it is your responsibility to ensure that pupils wear seatbelts, have the
necessary booster or child seat and enter and exit the vehicle in a safely. Failure to
comply with this may be dealt with under our Disciplinary Procedure.
6. Working with us
6.1 Timekeeping
Your hours of work are set out in your contract of employment and/or in the Conditions
of Service for School Teachers (Burgundy Book). It is your responsibility to ensure
that you attend work on time. Poor timekeeping may be treated as a disciplinary
issue, particularly if it is frequent or disruptive. Each school will have their own system
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of signing in and out so that we can monitor attendance and so that we are aware of
who is on the premises for health and safety reasons.
6.2 Location
Your place of work is set out in your contract of employment, as are any applicable
terms relating to mobility. So that the Trust can work together cohesively, we may
require you to work at different schools within the Trust from time to time in
accordance with your contractual terms.
6.3 Sickness absence reporting
You must comply with the Trust's Sickness Absence Policy as amended from time to
time. You should notify your school of any sickness absence as soon as possible and
by no later than 7.00am on the first day of absence. You may self-certify your absence
for the first 7 days. For absence of 7 days or more, you must provide a medical
certificate from your doctor. Unauthorised absence may be dealt with under the
Trust’s Disciplinary Procedure. Details of sickness absence pay are set out in your
contract of employment and, if you are a teacher, the Conditions of Service for School
Teachers (Burgundy Book).
6.4 Other absences
If you are absent for a reason other than sickness absence, for example because you
are caring for a dependent or require compassionate leave, you must notify your
school as soon as possible and by no later than 7.00am on the first day of absence.
You must ensure you comply with all relevant policies and that such leave is
approved. You should arrange any medical or dental appointments outside of your
normal working hours. Unauthorised absence may be dealt with under the Trust’s
Disciplinary Procedure.
6.5 Capability
Teaching staff should comply with their professional duties and responsibilities which
are set out in the School Teachers’ Pay and Conditions document, as amended from
time to time and/or as required by Ofsted, the Local Authority Designated Officer, the
Trust and its schools. Support staff should comply with their job description and the
requirements and standards within the sector and of the Trust and its schools
including any capability procedures.
6.6 Disciplinary and grievance
Copies of the Trust’s Disciplinary and Grievance procedures are annexed to this
Handbook. You should contact the HR Department if you have any questions.
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6.7 Alcohol and drugs
Staff members are prohibited from taking or from being under the influence of alcohol
or drugs whilst on our premises and/or whilst working for us. If it appears that you are
under the influence of alcohol or drugs whilst at work, you will be asked to leave and
disciplinary action may be taken. If you have been prescribed medication which may
impact upon your ability to carry out your job you must inform your line manager
immediately.
6.8 Expenses
The Trust and its schools will refund expenses property incurred by staff for the
purposes of carrying out their duties in advance, provided that approval is sought in
advance (if required) and subject to compliance with our Expenses Policy which
contains more information.
6.9 Outside interests
You should inform us of any actual or proposed employment, engagement or interest
in any other organisation outside of the Trust or its schools. The Trust reserves the
right to decline to approve any outside interests on the grounds of health and safety
and/or in reliance on the terms of your contract of employment.
You should inform us if you are related to any employee of the Trust or a child who is
a pupil at one of the Trust's schools. You must also inform us if you or any of your
immediate family or your partner has an interest in any organisation which is linked to
the Trust or any of its school, for example if a family member works for a supplier of
the Trust.
6.10 Stress
The Trust seeks to create a friendly culture and a supportive environment for its staff,
however it recognises that from time to time stressful situations may arise or staff may
experience stress or anxiety. The Trust encourages all staff to be open and honest
and to discuss any such issues with their line manager so that the Trust can consider
what support or assistance may be required.
7. Family friendly policies and other leave
7.1 Maternity
You should notify your manager when you are pregnant and provide them with all
relevant documentation, so that a risk assessment can be carried out. You will be
informed by the HR Department of the arrangements for your maternity leave. Further
details are contained within our Maternity Policy, and details relating to pay are set
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out in the policy or your contract or, if you are a teacher, the Conditions of Service for
School Teachers (Burgundy Book).
7.2 Paternity, adoption, parental and shared parental leave
If you wish to take paternity, adoption, parental and/or shared parental leave you
should notify your manager as soon as possible so that they can discuss
arrangements with you. Full details regarding your family friendly entitlements are set
out in our Paternity Policy, Adoption Policy, Parental Leave Policy and Shared
Parental Leave Policy.
7.3 Flexible working
The Trust recognises the benefits of working flexibly where reasonably possible.
Eligible staff members may make a flexible working request. Further information is set
out in our Flexible Working Policy or available from the HR Department.
7.4 Compassionate, dependent or bereavement leave
We recognise that on some occasions staff members may need to request time off to
care for a dependent or to take compassionate or bereavement leave. Further
information is contained in our Compassionate Leave, Care for Dependents and
Bereavement Leave Policies and/or available from the HR Department.
8. Equipment and IT
8.1 Property
If you are issued with property which belongs to the Trust or its schools you must take
reasonable steps to keep it in good condition and avoid any loss, theft or damage.
However, if our property is lost, stolen or damaged, you must report it to your line
manager as soon as possible. Any property belonging to us must be returned upon
request and, in any event, upon the termination of your employment. You bring your
own personal property onto the Trust's premises at your own risk and the Trust shall
not be responsible for any loss or damage, although if any loss or damage does occur
you should report it to your line manager so that we can investigate the matter further
and consider what (if any) action needs to be taken.
8.2 Intellectual property
Whilst working for the Trust and its schools you may invent, create, develop or assist
with the invention, creation or development of intellectual property. Any such
intellectual property will be the property of the Trust and/or its schools, and you should
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disclose details of any intellectual property you invent, create or develop during the
course of your employment with us. For further details please refer to your contract
of employment or speak to the HR Department.
8.3 IT systems and devices
The IT you are provided with for the purposes of your employment with the Trust and
its schools, including computers, laptops, mobile phones, software and any other
devices should only be used for carrying our your duties and should not be used for
personal use or any inappropriate or improper use. You should not allow any other
person to use your devices save with the permission of the Trust. When
communicating by email or other electronic means you should ensure that the tone
and content is professional and appropriate and that it represents the values and aims
of the Trust. The Trust reserves the right to monitor all emails sent on the
Trust’s/school’s email system and the use of the Trust’s/school’s internet provider to
the extent permitted or as required by law and as necessary and justifiable for the
Trust's business purposes. Further information is set out in our Electronic Information
Communications Systems Policy, or available from HR.
8.4 Social media
The Trust recognises that staff members may wish to use social media for personal
purposes and it does not prevent staff from doing so. However, personal social media
should not be used during working time save for during meal breaks. Staff should
ensure that any social media they use is set to private and that they are mindful of the
way in which they present themselves online. Staff are not permitted to be "friends”
or otherwise connect with pupils on a personal social media account and, in some
cases, it may not be appropriate to connect with parents, guardians or carers. Staff
shall never post any content on their personal social media accounts which could
identify pupils, parents, guardians or carers or the Trust or its schools without the
permission of their Headteacher, this includes but is not limited to photos, videos,
comments and school work. Further information is set out in our Social Media Policy,
or available from HR.
8.5 Devices at work
You may use your personal devices before and after work, and during break times.
You should not use your personal devices or software to carry out your duties for us,
and you should avoid taking personal calls during working or teaching time, unless
there is an emergency. You must never use a mobile phone or other device whilst
driving on the Trust’s business.
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Annex 1: Equal Opportunities Policy
1. About this policy
The Diamond Learning Partnership Trust (the Trust) aims to create schools where every child
achieves the highest possible standards through a relentless focus on high quality teaching
and learning. We focus on transforming children’s lives, unlocking their abilities and their life
chances to provide excellent education, uncompromising pastoral care and nurturing
development. We are committed to promoting equal opportunities throughout the Trust.
The Trust aims to ensure that no employee, job applicant, pupil or other member of the Trust
and its schools is treated less favourably on grounds of age, disability, gender reassignment,
marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or
national origin, religion or belief, sex or sexual orientation (Protected Characteristics).
This policy sets out our approach to equal opportunities and the avoidance of discrimination at
work. It applies to all aspects of employment with us, including recruitment, pay and conditions,
training, appraisals, promotion, conduct at work, disciplinary and grievance procedures, and
termination of employment. This policy covers all employees, officers, consultants, contractors,
volunteers, casual workers and agency workers. This policy does not form part of any
employee's contract of employment and we may amend it at any time.
2. Roles and responsibilities
2.1 Board of Directors and Headteachers
The Trust’s Board of Directors has overall responsibility for the effective operation of
this policy and for ensuring compliance with discrimination law. Day to day
responsibility for this policy has been delegated to Headteachers of the Trust's
schools who are responsible for ensuring compliance within their school and reporting
any concerns to the Board of Directors.
2.2 Management
Managers and the senior leadership team have a specific responsibility to set an
appropriate standard of behaviour, lead by example and ensure that the staff
members they manage adhere to this policy and promote the Trust’s aims, visions
and values with regard to equal opportunities. Staff will be given appropriate training
on equal opportunities. Headteachers have overall responsibility for training.
2.3 All staff
All members of staff are responsible for promoting the Trust's equal opportunities
policy and are obliged to familiarise themselves with, respect and act in accordance
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with this policy. If you have any questions about this policy or any suggestions
regarding its content you should speak to the HR Department.
3. Discrimination
You must not unlawfully discriminate against or harass other people including current and
former employees, job applicants, pupils, parents, guardians, carers, visitors and other
members of the Trust and its schools. This applies within and outside of our community, and
on school trips or other events taking place outside of our schools or outside of school hours.
The following forms of discrimination are prohibited under this policy and are unlawful:
3.1 Direct discrimination
Direct discrimination is where someone is treated less favourably because of a
Protected Characteristic. For example, rejecting a job applicant because of their
religious views or because they might be gay.
3.2 Indirect discrimination
Indirect discrimination is where there is a provision, criterion or practice that applies
to everyone but adversely affects people with a particular Protected Characteristic
more than others, and is not justified. For example, requiring a job to be done full-time
rather than part-time would adversely affect women because they generally have
greater childcare commitments than men. Such a requirement would be
discriminatory unless it can be justified.
3.3 Harassment
Harassment includes sexual harassment and other unwanted conduct related to a
Protected Characteristic, which has the purpose or effect of violating someone's
dignity or creating an intimidating, hostile, degrading, humiliating or offensive
environment for them. Harassment is dealt with further in our Anti-Bullying and
Harassment Policy.
3.4 Victimisation
Victimisation is a retaliation against someone who has complained or has supported
someone else's complaint about discrimination or harassment.
3.5 Disability discrimination
Disability discrimination includes direct and indirect discrimination, any unjustified less
favourable treatment because of the effects of a disability, and failure to make
reasonable adjustments to alleviate disadvantages caused by a disability.
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4. Recruitment and selection
4.1 Recruitment
Recruitment, promotion, and other selection exercises such as redundancy selection will be
conducted on the basis of merit, against objective criteria that avoid discrimination. Shortlisting
should be done by more than one person and with the involvement of the HR Department,
where possible.
Vacancies should generally be advertised to a diverse section of the labour market.
Advertisements should avoid stereotyping or using wording that may discourage particular
groups from applying. We take steps to ensure vacancies are advertised to a diverse section
of the labour market where possible and we may advertise to particular groups that have been
identified as disadvantaged or underrepresented in the Trust.
4.2 Selection
Job applicants should not be asked questions which might suggest an intention to discriminate
on grounds of a Protected Characteristic. For example, applicants should not be asked
whether they are pregnant or planning to have children.
Job applicants should not be asked about health or disability before a job offer is made, except
in the very limited circumstances allowed by law: for example, to check that the applicant could
perform an intrinsic part of the job (taking account of any reasonable adjustments), or to see if
any adjustments might be needed at interview because of a disability. Where necessary, job
offers can be made conditional on a satisfactory medical check. Health or disability questions
may be included in equal opportunities monitoring forms, which must not be used for selection
or decision-making purposes.
We are required by law to ensure that all employees are entitled to work in the UK.
Assumptions about immigration status should not be made based on appearance or apparent
nationality. All prospective employees, regardless of nationality, must be able to produce
original documents (such as a passport) before employment starts, to satisfy current
immigration legislation. The list of acceptable documents is available from the HR Department
or UK Visas and Immigration.
5. Staff training and promotion
Training needs will be identified through appraisals. You will be given appropriate access to
training to enable you to progress within the organisation and all promotion decisions will be
made on the basis of merit.
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6. Termination of employment
We will ensure that redundancy criteria and procedures are fair and objective and are not
directly or indirectly discriminatory. We will also ensure that disciplinary procedures and
penalties are applied without discrimination, whether they result in disciplinary warnings,
dismissal or other disciplinary action.
7. Disabilities
If you are disabled or become disabled, we encourage you to tell us about your condition so
that we can consider what reasonable adjustments or support may be appropriate.
8. Part time and fixed term work
Part-time and fixed-term staff should be treated the same as comparable full-time or
permanent staff and enjoy no less favourable terms and conditions (on a pro-rata basis where
appropriate), unless different treatment is justified.
9. Breaches of this policy
We take a strict approach to breaches of this policy, which will be dealt with in accordance with
our Disciplinary Procedure. Serious cases of deliberate discrimination may amount to gross
misconduct resulting in dismissal.
If you believe that you have suffered discrimination you can raise the matter through our
Grievance Procedure or through our Anti-Bullying and Harassment Policy as appropriate.
There must be no victimisation or retaliation against staff who complain about discrimination.
However, making a false allegation deliberately and in bad faith may be treated as misconduct
and dealt with under our Disciplinary Procedure
10. Links with other policies
This policy is supported by the following other policies and procedures:
Staff Handbook.
Anti-Bullying and Harassment Policy.
Grievance Procedure.
Disciplinary Procedure.
Flexible Working Procedure.
Maternity, Paternity, Adoption, Parental and Shared Parental Leave Policies.
Time Off for Dependants Policy.
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Annex 2: Disciplinary Procedure
1. About this procedure
The Diamond Learning Partnership Trust (the Trust) expects its staff to maintain high
standards of professional conduct at all times whilst performing duties for the Trust and its
schools and/or whilst on our premises. The Trust also expects staff members to continue to
uphold the Trust's good name and reputation outside of working hours and whilst offsite, and
refrain from any conduct which may bring the Trust or any of its schools into disrepute.
The procedure applies to all employees regardless of length of service. It does not apply to
agency workers or self-employed contractors. This procedure does not form part of any
employee's contract of employment and it may be amended at any time. We may also vary
this procedure, including any time limits, as appropriate in any case. This procedure does not
form part of any employee's contract of employment and it may be amended at any time. We
may also vary this procedure, including any time limits, as appropriate in any case.
2. Principles
The aims of this Disciplinary Procedure are to provide a framework within which managers can
work with employees to maintain satisfactory standards of conduct and to encourage
improvement where necessary. It is our policy to ensure that any disciplinary matter is dealt
with fairly and that steps are taken to establish the facts and to give employees the opportunity
to respond before taking any formal action.
The Trust will seek to adhere with the following principles will be adhered to when following
the disciplinary process:
Employees should be aware of the standards of conduct, action and behaviour
required of them.
Disciplinary action, where necessary, will be taken without unreasonable delay and in
a reasonable and consistent manner.
Employees will usually only be subject to disciplinary action once there has been a
reasonable investigation of the facts.
Employees will usually have an opportunity to present their side of the case and
answer any allegations at a formal disciplinary hearing convened under this
procedure.
If a disciplinary sanction is imposed on an employee, the employee will usually receive
an explanation of the penalty imposed and will usually be entitled to appeal against
the penalty in accordance with the appeals process set out in this procedure.
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2.1 Minor conduct issues
Minor conduct issues can often be resolved informally between you and your line manager.
These discussions should be held in private and without undue delay whenever there is cause
for concern. Where appropriate, a note of any such informal discussions may be placed on
your personnel file but will be ignored for the purposes of any future disciplinary hearings. In
some cases an informal verbal warning may be given, which will not form part of your
disciplinary records. Formal steps will be taken under this procedure if the matter is not
resolved, or if informal discussion is not appropriate (for example, because of the seriousness
of the allegation).
2.2 Confidentiality
Our aim is to deal with disciplinary matters sensitively and with due respect for the privacy of
any individuals involved. All employees must treat as confidential any information
communicated to them in connection with an investigation or disciplinary matter.
You, and anyone accompanying you (including witnesses), must not make electronic
recordings of any meetings or hearings conducted under this procedure.
You will normally be told the names of any witnesses whose evidence is relevant to disciplinary
proceedings against you, unless we believe that a witness's identity should remain confidential.
2.3 Criminal allegations/ regulatory issues
Where your conduct is the subject of a criminal investigation, charge or conviction we will
investigate the facts before deciding whether to take formal disciplinary action.
We will not usually wait for the outcome of any prosecution before deciding what action, if any,
to take. Where you are unable or have been advised not to attend a disciplinary hearing or say
anything about a pending criminal matter, we may have to take a decision based on the
available evidence.
A criminal investigation, charge or conviction relating to conduct outside work may be treated
as a disciplinary matter if we consider that it is relevant to your employment and/or your
suitability for employment within the education sector.
The Trust will exercise its discretion as to when it is required to inform relevant authorities of
allegations of misconduct and/or the outcome of a disciplinary hearing, including as
appropriate to the Local Authority Designated Officer and the Teachers Regulation Agency.
3. Investigations
The purpose of an investigation is for us to establish a fair and balanced view of the facts
relating to any disciplinary allegations against you, before deciding whether to proceed with a
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disciplinary hearing. The amount of investigation required will depend on the nature of the
allegations and will vary from case to case. It may involve interviewing and taking statements
from you and any witnesses, and/or reviewing relevant documents.
Investigative interviews are solely for the purpose of fact-finding and no decision on disciplinary
action will be taken until after a disciplinary hearing has been held.
You must co-operate fully and promptly in any investigation. This will include informing us of
the names of any relevant witnesses, disclosing any relevant documents to us and attending
investigative interviews if required.
4. Suspension
In some circumstances it may be necessary for the Trust or the school you work for to suspend
you from work. The suspension will be for no longer than is necessary to investigate any
allegations of misconduct against you or so long as is otherwise reasonable while any
disciplinary procedure against you is outstanding. We will confirm the arrangements to you in
writing. While suspended you should not visit our premises or contact any of our staff, pupils,
parents, carers or guardians unless you have been authorised to do so by the Headteacher of
your school.
Suspension of this kind is not a disciplinary penalty and does not imply that any decision has
already been made about the allegations.
5. Disciplinary procedure
5.1 Notification of a hearing
Following any investigation, if we consider there are grounds for disciplinary action, you will be
required to attend a disciplinary hearing. We will inform you in writing of the allegations against
you, the basis for those allegations, and what the likely range of consequences will be if we
decide after the hearing that the allegations are true. We will also include the following where
appropriate:
a summary of relevant information gathered during the investigation;
a copy of any relevant documents which will be used at the disciplinary hearing; and
a copy of any relevant witness statements, except where a witness's identity is to be
kept confidential, in which case we will give you as much information as possible while
maintaining confidentiality.
We will give you written notice of the date, time and place of the disciplinary hearing. The
hearing will be held as soon as reasonably practicable, but you will be given a reasonable
amount of time to prepare your case based on the information we have given you.
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5.2 The right to be accompanied
You may bring a companion to any disciplinary hearing or appeal hearing under this procedure.
The companion may be either a trade union representative or a colleague. You must tell us
who your chosen companion is, in good time before the hearing.
A companion is allowed reasonable time off from duties without loss of pay but no-one is
obliged to act as a companion if they do not wish to do so.
If your companion is unavailable at the time a meeting is scheduled and will not be available
for more than five working days afterwards, we may ask you to choose someone else.
5.3 The disciplinary hearing
If you or your companion cannot attend the hearing you should inform us immediately and we
will arrange an alternative time. You must make every effort to attend the hearing, and failure
to attend without good reason may be treated as misconduct in itself. If you fail to attend without
good reason, or are persistently unable to do so (for example for health reasons), we may have
to take a decision based on the available evidence.
Disciplinary hearings where dismissal is not contemplated as a potential disciplinary sanction
if the allegation(s) are held to be well founded will usually be conducted and determined by a
member of the Senior Leadership Group or the Headteacher/Head of School, or in the case of
disciplinary proceedings involving the Headteacher/Head of School, the Chief Executive
Officer or other appropriate appointed person. In the case of disciplinary proceedings involving
the Chief Executive Officer, the disciplinary hearing will be conducted by the Chair of the Trust
Board of Directors or other appropriate appointed person. Disciplinary hearings where
dismissal may be contemplated as a potential disciplinary sanction if the allegation(s) are held
to be well founded will usually be conducted and determined by the Headteacher/Head of
School or The Chief Executive Officer or a panel of 3 Directors.
At the disciplinary hearing we will go through the allegations against you and the evidence that
has been gathered. You will be able to respond and present any evidence of your own. Your
companion may make representations to us and ask questions, but should not answer
questions on your behalf. You may confer privately with your companion at any time during the
hearing.
You may ask relevant witnesses to appear at the hearing, provided you give us sufficient
advance notice to arrange their attendance. You will be given the opportunity to respond to
any information given by a witness. However, you will not normally be permitted to cross-
examine witnesses unless, in exceptional circumstances, we decide that a fair hearing could
not be held otherwise.
We may adjourn the disciplinary hearing if we need to carry out any further investigations such
as re-interviewing witnesses in the light of any new points you have raised at the hearing. You
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will be given a reasonable opportunity to consider any new information obtained before the
hearing is reconvened.
We will inform you in writing of our decision and our reasons for it, usually within 10 working
days of the disciplinary hearing. Where possible we will also explain this information to you in
person.
5.4 Disciplinary penalties
The usual penalties for misconduct are set out below. No penalty should be imposed without
a hearing. We aim to treat all employees fairly and consistently, and a penalty imposed on
another employee for similar misconduct will usually be taken into account but should not be
treated as a precedent. Each case will be assessed on its own merits.
You will not normally be dismissed for a first act of misconduct, unless we decide it amounts
to gross misconduct or you have not yet completed your probationary period.
First written warning: A first written warning may be authorised by the Senior
Leadership Group, the Headteacher/Head of School, the Chief Executive Officer or
other Appointed Person. It will usually be appropriate for a first act of misconduct
where there are no other active written warnings on your disciplinary record.
Final written warning: A final written warning may be authorised by the Senior
Leadership Group, the Headteacher/Head of School, Chief Executive Officer or other
Appointed Person. It will usually be appropriate for misconduct where there is already
an active written warning on your record or misconduct that we consider sufficiently
serious to warrant a final written warning even though there are no other active
warnings on your record.
Dismissal: Dismissal may be authorised by the Headteacher/Head of School or Chief
Executive Officer or a panel of Directors. It will usually only be appropriate for any
misconduct during your probationary period; further misconduct where there is an
active final written warning on your record; or any gross misconduct regardless of
whether there are active warnings on your record. Gross misconduct will usually result
in immediate dismissal without notice or payment in lieu of notice (summary
dismissal).
Alternatives to dismissal: In some cases we may at our discretion consider
alternatives to dismissal. These may be authorised by the Headteacher/Head of
School or The Chief Executive Officer or a panel of Directors and will usually be
accompanied by a final written warning. Examples may include: demotion, transfer to
another department or job, a period of suspension without pay, loss of seniority or a
reduction in pay or other benefits.
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Written warnings will set out the nature of the misconduct, the change in behaviour required,
the period for which the warning will remain active, and the likely consequences of further
misconduct in that active period. Depending on the circumstances, a first written warning will
usually remain active for six months and a final written warning will usually remain active for
12 months. After the active period, the warning will remain permanently on your personnel file
but will be disregarded in deciding the outcome of future disciplinary proceedings.
6. Appeals
If you feel that disciplinary action against you is wrong or unjust you may appeal against the
decision. Disciplinary appeals will usually be conducted and determined by a member of the
senior leadership group or otherwise a member of management more senior than the person
who heard the disciplinary hearing or otherwise a panel of three members of the Trust Board
of Directors.
If you wish to exercise this right of appeal, you should write to the Clerk of the Board within 10
working days of the date upon which you were informed of the decision, setting out the grounds
and basis for the appeal.
If you are appealing against dismissal, the date on which dismissal takes effect will not be
delayed pending the outcome of the appeal. However, if your appeal is successful you will be
reinstated with no loss of continuity or pay.
We will give you written notice of the date, time and place of the appeal hearing. The appeal
hearing may be a complete re-hearing of the matter or it may be a review of the fairness of the
original decision in the light of the procedure that was followed and any new information that
may have come to light. This will be at our discretion depending on the circumstances of your
case. In any event the appeal will be dealt with as impartially as possible.
No decisions will be reached during the hearing itself. The Trust will need to consider all the
evidence together with the representations you have made, and in some cases may need to
carry out further investigations before a decision can be reached.
Following the appeal hearing we may confirm the original decision; revoke the original
decision; or substitute a different penalty. You will be notified of the result of the appeal in
writing without unreasonable delay. The appeal decision is the final stage of the Trust’s
disciplinary appeal procedure.
7. Examples of misconduct
The following are examples of issues which might constitute misconduct. This list is intended
as a guide and is not exhaustive.
Minor breaches of the Trust’s policies, Handbook and/or your contract.
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Damage to, or unauthorised use of, our property.
Poor timekeeping and/or time wasting.
Unauthorised absence from work.
Refusal to follow instructions.
Excessive use of our telephones for personal calls and/or excessive personal e-mail
or internet usage.
Obscene language or other offensive behaviour.
Smoking in no-smoking areas.
8. Examples of gross misconduct
The following are examples of issues which might constitute gross misconduct. These are
illustrative only and do not constitute an exhaustive list.
A fundamental and/or wilful breach of the rules, regulations, policies and Handbook
of the Trust or its schools.
Gross negligence or dangerous behaviour, which causes or might cause
unacceptable loss, damage or injury.
Grossly indecent or immoral behaviour.
Threatening or violent behaviour, fighting or physical assault.
Deliberate falsification of any records (e.g. Sickness Self-Certification Form and time-
sheets) including your records or the records of any other employee or pupil.
Undertaking private work on the premises and/or during working hours and/or wilful
disregard of duties or of instructions.
Deliberate and serious breach of confidence relating to the Trust, its schools or any
of its pupils, parents, guardians or carers.
Theft or misappropriation of money or property whether belonging to the Trust,
another employee or a third party.
Unauthorised consumption of alcohol on the premises, or reporting for work under the
influence of alcohol or drugs.
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Any taking or possession of controlled drugs or stimulants, which have not been
prescribed by a registered medical practitioner.
Destruction/sabotage of Trust property or any other property on the premises.
Serious Health and Safety breaches.
Gross insubordination and/or refusal to obey reasonable instructions given by any
members of the Senior Leadership Group.
Any breach of a legal obligation, including where it has a direct effect on your ability
to undertake your duties.
Allowing or assisting any unauthorised person to gain entry to the Trust’s premises.
Repeated or prolonged unauthorised absences.
Any fundamental and/or substantial breach of trust or unauthorised disclosure of
information relating to the Trust’s affairs to third parties.
A substantial or repeated failure to meet expected standards of work and/or behaviour
amounting to serious neglect of duty.
Deliberately driving on Trust business without an appropriate licence and/or the
appropriate insurance and/or MOT.
Discrimination or harassment or other breach of the Trust’s Equal Opportunities
Policy.
Failure to inform the Senior Leadership Group of any criminal charges/convictions or
police cautions that are relevant to your employment.
Serious or repeated breaches of the Trust’s Safeguarding and Child Protection
Policies and Procedure.
Serious or repeated breaches of the Trust’s Electronic Information Communications
Systems Policy.
In respect of teaching staff, serious breach of the standards of professional conduct
as set out in the Teacher’s Standards.
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Annex 3: Grievance Procedure
1. About this procedure
It is our policy to ensure that all employees have access to a procedure to help deal with any
grievances relating to their employment fairly and without unreasonable delay. We aim to
investigate any formal grievance you raise, hold a meeting to discuss it with you, inform you in
writing of the outcome, and give you a right of appeal if you are not satisfied.
The procedure applies to all employees regardless of length of service. It does not apply to
agency workers or self-employed contractors. This procedure does not form part of any
employee's contract of employment and it may be amended at any time.
2. Using this procedure
Issues that could cause grievances may include:
terms and conditions of employment;
health and safety;
work relations;
bullying and harassment;
new working practices;
working environment;
organisational change; and
discrimination.
This procedure should not be used to complain about dismissal or disciplinary action. If you
are dissatisfied with any disciplinary action, you should submit an appeal under the appropriate
procedure.
We operate a separate Whistleblowing Policy to enable employees to report illegal activities,
wrongdoing or malpractice. However, where you are directly affected by the matter in question,
or where you feel you have been victimised for an act of whistleblowing, you may raise the
matter under this procedure.
Written grievances will be placed on your personnel file along with a record of any decisions
taken and any notes or other documents compiled during the grievance process. These will
be processed lawfully in accordance with Data Protection principles.
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3. Raising grievances informally
Most grievances can be resolved quickly and informally through discussion with your Line
Manager or Headteacher. If you feel unable to speak to your Line Manager/Headteacher, for
example, because the complaint concerns him or her, then you should speak informally to the
Chief Executive Officer or their deputy.
If informal discussions do not resolve the issue, you should follow the formal procedure below.
4. Formal grievance procedure
If your grievance cannot be resolved informally, you should put it in writing and submit it to
your Line Manager or Headteacher, indicating that it is a formal grievance. If the grievance
concerns your Line Manager or Headteacher, you may submit it to the Chief Executive Officer
or their deputy.
The written grievance should contain a brief description of the nature of your complaint,
including any relevant facts, dates, and names of individuals involved. In some situations we
may ask you to provide further information.
4.1 Grievance investigations
It may be necessary to carry out an investigation into your grievance. The investigation may
be initiated before holding the grievance meeting with you where appropriate. In other cases
the grievance meeting may be held first before deciding what investigation (if any) to carry out.
If an investigation is necessary, the amount of any investigation required will depend on the
nature of the allegations and will vary from case to case. The investigation may involve
interviewing and taking statements from you and any witnesses, and/or reviewing relevant
documents. You must co-operate fully and promptly in any investigation. This may include
informing us of the names of any relevant witnesses, disclosing any relevant documents to us
and attending interviews, as part of our investigation.
An investigation may be carried out either by the person appointed to conduct your grievance
meeting and determine your grievance or by someone else appointed by the Trust.
4.2 Right to be accompanied
You may bring a companion to any grievance meeting or appeal under this procedure. The
companion may be either a trade union representative or a colleague. You must tell us who
your chosen companion is, in good time before the hearing.
A companion is allowed reasonable time off from duties without loss of pay but no-one is
obliged to act as a companion if they do not wish to do so.
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If your companion is unavailable at the time a meeting is scheduled and will not be available
for more than five working days afterwards, we may ask you to choose someone else.
4.3 Grievance meetings
We will arrange a grievance meeting with you, normally within 15 working days of receiving
your grievance. The purpose of a grievance meeting is to enable you to explain your grievance
and how you think it should be resolved, and to assist us to reach a decision based on the
available evidence and the representations you have made.
The grievance meeting may be conducted by your Line Manager or Headteacher. If the
complaint concerns your Line Manager or Headteacher, the hearing may be conducted instead
by the Chief Executive Officer or other appropriate appointed person.
You and your companion (if any) should make every effort to attend grievance meetings. If you
or your companion cannot attend at the time specified, you should inform us immediately and
we will try, within reason, to agree an alternative time.
4.4 Grievance outcome
Following your grievance meeting/s and any investigation carried out, the person appointed
to determine the outcome of your grievance will write to you to inform you of the outcome of
your grievance and if appropriate any further action that the Trust intends to take to resolve
the grievance, and we will remind you of your right of appeal.
Where appropriate we may hold a further meeting to give you this information in person.
5. Appeals
If the grievance has not been resolved to your satisfaction you may appeal in writing in the first
instance to the HR Department within 10 working days of the grievance decision you are
appealing against, setting out the grounds for and basis of the appeal in writing.
We will hold an appeal meeting, normally within 15 working days of receiving your written
appeal. Grievance appeals will usually be heard by a member of the senior leadership group
or otherwise a member of management more senior than the person who heard the grievance
or otherwise a panel of three members of the Trust Board of Directors.
You may be accompanied by an appropriate work colleague or an accredited trade union
official at any grievance appeal hearing (see above).
No decisions will be made during the appeal hearing itself. The panel may consider it
necessary to carry out further investigations before reaching any decisions.
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The panel will confirm its final decision in writing without unreasonable delay. This is the end
of the procedure and there is no further appeal.