How does a parish council start disciplinary procedure against the clerk

Question

We have a disciplinary policy but it does not say how to start the procedure against the clerk

Answer 1

As in any normal work situation, they are called to a meeting first to discuss the issue, this is done in writing and will contain the issue they are being summoned about.  They are allowed someone with them.  Depending on how major the issue is, whether you miss the steps, but it is normally verbal warning, first written warning, second written warning and then dismissal.  Go to the ACAS website and all the information will be there.  Have you tried having an informal chat with them first to discuss the issues such as a performance review or an annual appraisal?  As in any situation there needs to show proof why you want to discipline the Clerk, and as mentioned before the same rules apply as for any company.

Answer 2

In simple terms, you instigate disciplinary proceedings in line with the written procedure which has been adopted by your council on a previous occasion.  Its likely to follow the process outlined by ParishCouncillor.

Comments

Hi thank you for reply.
In our policy it reads the disciplinary committee shall be authorised to hear the case does this mean to get it authorised by the full council

Answer 3

If your policy is so poor its not clear how the process works I'd suggest you address the policy itself in first instance. You need to have a solid foundation prior to action (otherwise the body is going to end up getting torn apart). As members you need be confident and clear on process and defend process if necessary (employment tribunal).  
You should have a dedicated HR Committee already established and in operation (I note you have referenced a "Disciplinary Committee" but that worries me as it implies guilt sounds akin to "bring in the guilty for trial").I suspect if that was the committee tasked with the investigation would leave council wide open.
You need to have your ducks in a line. Has Council been conducting annual appraisal (has this identified actions that have not been acted on)? Has concerns been raised through the HR Committee Chair etc (and documented)?