Safeguarding Policy

Last updated: March 12, 2025

Alcohol and Drugs Policy

Skylight Children’s Care Homes is dedicated to promoting the health and wellbeing of all its employees. This policy outlines the Company’s stance on alcohol and drug use in the workplace and addresses any misuse by employees.

Consumption of Alcohol on the Premises

Unless permitted by management, all employees are strictly prohibited from consuming alcohol at work or bringing it onto Company premises. Any violation of this policy will be considered gross misconduct and may lead to immediate dismissal.

Drug Misuse or Abuse on the Premises

Employees who use, supply, purchase, possess, or are under the influence of non-medicinal drugs during work hours, on Company property, or in Company vehicles will be deemed to have committed gross misconduct and may be subject to immediate dismissal. Furthermore, the incident will be reported to the police.

Drug Dealing

Engaging in illegal drug activities off Company premises or outside of work hours may also result in dismissal for employees if it leads to a loss of trust between the employee and the Company or if it tarnishes the Company’s reputation.

Intoxication by alcohol or illegal substance in the workplace

An employee deemed to be under the influence of alcohol or non-medicinal or non-prescribed drugs during work hours or on Company property will be promptly escorted off the premises. Disciplinary action will be initiated once the employee has recovered from the effects of intoxication. Being intoxicated at work is typically classified as gross misconduct and could lead to immediate termination of employment.

Seeking Help

All employees are urged not to protect colleagues with alcohol or drug issues, as collusion creates a misleading sense of loyalty and can ultimately harm those individuals. Employees who acknowledge that they have a substance abuse issue, or who are concerned they may develop one, are encouraged to seek help by confiding in their line manager or someone they trust.

The Company will carry out a thorough investigation of all relevant circumstances, if deemed appropriate, before taking any necessary actions. Employees can be confident that the situation will be treated with sensitivity and managed in a supportive environment that ensures trust and confidentiality.

Employees are encouraged to consult their own doctor, who may recommend a referral to a specialist dependency unit. The Company aims to intervene as early as possible. Additionally, employees can reach out to FRANK (www.talktofrank.com) for assistance, information, and advice regarding drugs and may speak to their line manager for further advice and assistance.

Sick Pay

During the consultation and any subsequent treatment following an absence, the Company’s sick pay scheme will apply, if eligible, along with Statutory Sick Pay (SSP) thereafter. Sickness pay will be contingent upon the individual adhering to the prescribed medical course of action.

General

The Company will endeavour to facilitate the employee’s return to their position following treatment. If returning to their original job is not advisable or feasible, we will make every effort to provide alternative employment. In the event of a relapse after treatment or refusal to undergo treatment, any resulting issues related to performance, attendance, or behaviour will be managed in accordance with the Company’s disciplinary procedure.

Drugs & the Law

Under the Misuse of Drugs Act, it is an offence to:

Unlawfully possess a controlled drug
Possess a controlled drug with intent to supply it
Unlawfully supply (sell/give/share) a controlled drug
Allow premises you occupy or manage to be used for the smoking or use of drugs
Manufacture drugs In the UK, illegal drugs are classified into three main categories, Class A, B or C. Drugs are classified under the Misuse of Drugs Act 1971. Class A Drugs such as Heroin, Methadone, Cocaine, Crack cocaine and Ecstasy (MDMA), LSD, Methamphetamine, also known as Crystal Meth and magic mushrooms are Class A.

Conviction for possession, in a Crown Court, can lead to up to a maximum seven year prison sentence and an unlimited fine, or both. Supply and production can lead up to life in prison an unlimited fine, or both. Class B Class B drugs include Amphetamines, Barbiturates, cannabis, codeine, ketamine, Ritalin, synthetic cannabinoids, synthetic cathinones (e.g. mephodrone, methoxetamine).

The maximum penalty for possession of a Class B drug is up to five years in prison and an unlimited fine or both. Supply and production can lead up to 14 years in prison an unlimited fine, or both.

Class C

Class C drugs include Anabolic Steroids, gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), piperazines (BZP), Khat. Benzodiazepine drugs such as Diazepam are also in this category.

The maximum penalty for possession of a Class C drug is up to two years in prison and an unlimited fine or both (except anabolic steroids, it’s not an offence to possess then for personal use). Supply and production can lead up to 14 years in prison an unlimited fine, or both.

Temporary Class drugs (including legal highs)*

Some methylphenidate substances (3,4-DCMP), methylnaphthidate (HDMP-28), isoproplyphenidate (IPP or IPPD), 4-methylmethylphenidate, ethylnaphthidate and their simple derivatives.

* The Government can ban new drugs for 1 year under a ‘temporary banning order’ while they decide how the drugs should be classified.

Psychoactive substances penalties

Psychoactive substances include things like nitrous oxide (‘laughing gas’). You can get a fine or up to 7-year prison sentence or both, if you carry a psychoactive substance and you intend to supply it, make a psychoactive substance and sell, deal or share a psychoactive substance (also called supplying them)

Cannabis

Police can issue a warning or an on-the-spot fine if you are found with cannabis.

Khat

Police can issue a warning or an on the spot fine on the first 2 times someone is found with Khat. If this happens more than twice, there is a maximum penalty of up to 2 years in prison, an unlimited fine, or both.

Capability and Procedure Policy

This Capability Policy and Procedure applies to all employees at Skylight Children’s Care Homes who have completed 12 months of continuous service. The Company reserves the right to exercise discretion regarding the capability procedures, considering the length of service, which may lead to adjustments in the process. For instance, employees with a short duration of service may not receive any warnings prior to dismissal; however, they will still have the right to a hearing and the opportunity to appeal. Employees are essential to the success of our Company.

This policy has been established to provide a management framework and guiding principles that support individuals in the workplace when they are unable to fulfil their duties due to unsatisfactory performance or incapacity resulting from sickness absence.

Typically, these situations are addressed through coaching and prompt feedback, without requiring formal action under the capability procedure. However, if an individual’s performance consistently and significantly falls below the expected standard, appropriate action must be taken. There may be instances where performance issues arise due to conduct-related matters, such as poor timekeeping, negligence, carelessness, insufficient effort, or violations of Company rules or policies. In such cases, a separate disciplinary policy and procedure applies.

Although they follow similar principles and approaches, it is essential to recognize that these processes are not interchangeable. While some issues may seem comparable, transitioning from one stage of one process to the next stage of another is not permissible. However, it is possible for multiple processes to be applied to an individual simultaneously. The purpose of the procedure is to ensure fairness for the employee.

Therefore, the Company retains the right to deviate from the specific requirements of this procedure if such a deviation would still be fair and lawful. The policy may be modified at the sole discretion of the Company without prior notice.

Managers Responsibility

Managers are accountable for choosing and delivering the essential induction, training, guidance, support, and coaching that each employee needs to excel in their roles. They must ensure that employees understand their expectations and track their progress by setting realistic, measurable performance objectives and conducting regular performance reviews and feedback sessions. Moreover, managers are responsible for addressing any performance or attendance issues that do not meet acceptable standards and providing the necessary training and support to help employees enhance their skills. It is also essential for managers to keep the HR team informed and up to date on any ongoing performance cases.

Employees Responsibility

All employees are responsible for meeting the Company’s requirements for their roles by embracing guidance and training that will enhance their performance. They should take ownership of their performance, professionalism, and personal development, making every effort to achieve the necessary performance standards. Additionally, employees should promptly communicate any areas of concern to their line manager.

Principles

Matters regarding capability will be addressed consistently and fairly, without discrimination, while carefully considering the individual circumstances of each case.

At every stage of the process, all parties will maintain the confidentiality of the matters and individuals involved.

Any formal actions will only be undertaken by individuals with the appropriate authority. Typically, the line manager or a manager one level above will handle the informal capability procedure stages, up to and including issuing a formal written warning. More serious decisions, such as final written warnings and dismissals, will usually be addressed by a manager at the same level or a higher-level manager than the one conducting the investigation.

Employees have the right to appeal any formal actions taken against them. They are entitled to be accompanied by a colleague or a trade union representative during any formal disciplinary hearings. Employees will be informed of this right and are responsible for making the necessary arrangements.

Identification of Performance Issue and Informal Performance Management Procedure

Once a performance issue has been identified, the manager should collect the necessary evidence and discuss it with the employee. The employee should be invited to an initial meeting where the manager can explain the performance shortfall, ensuring the individual fully understands the concerns and the need for improvement. The employee will also have the opportunity to share their perspective on the issues affecting their performance, especially if they had previously been performing well and there have been no changes to the job or required standards. If the employee discloses any personal problems impacting their work during these discussions, the manager should engage in a conversation aimed at finding a suitable way forward, which may include allowing the individual some time to address their personal challenges.

However, in the long run, individuals should not allow personal issues to impact their work performance. If personal problems persist and continue to affect performance, this policy should be enforced. The employee’s line manager will investigate the reasons behind the employee’s declining performance to identify the underlying causes. These may include skill deficiencies, insufficient training, a lack of support or resources, changes in the job that the employee has not adapted to, communication issues, or problematic working relationships.

During the initial informal meeting, the manager will present the employee with specific examples of their unsatisfactory performance and invite the employee to provide their explanation, which will be followed up and verified as necessary. If the cause of the unsatisfactory performance is identified as a lack of required skills, the employee will, if feasible, receive training and a reasonable timeframe to achieve the necessary performance standards. In cases where there is insufficient support, tools, or resources, appropriate measures should be taken to address these issues and provide assistance.

A performance improvement plan or another written agreement will be established outlining:

The specific details of the poor performance
The degree of improvement expected
The timeframe set for achieving the required improvement
Any training or development needs identified to support the action plan
Scheduled review periods throughout the duration of the plan
The potential consequences for failing to achieve or sustain the improvement

This plan will be reviewed regularly based on the agreed-upon timelines, and once all objectives have been met, the informal performance management procedure will be discontinued.

Performance Issues Related to OFSTED Inspections

If a service receives an OFSTED rating lower than ‘Good,’ an independent review will be conducted to gain insights into the situation. This review may involve evaluating staff performance and competency.

If unsatisfactory performance stems from a lack of necessary skills, the employee will be supported through training and allowed a reasonable timeframe to achieve the required performance standards, whenever possible. If the issue is related to insufficient support, tools, or resources, this will be addressed, and appropriate assistance will be provided. A performance improvement plan or similar written agreement will be established as previously outlined.

If it is evident that the employee’s performance issues are not related to the previously mentioned reasons, or if the Company has already taken appropriate measures to support the employee’s improvement through the informal performance improvement process or other written agreements, and there has been no improvement to the required standard within the designated timeframe, the Company will proceed to address the situation through formal performance or disciplinary warnings.

Formal Performance Management Procedure

The Company will address the issue through formal performance or disciplinary warnings in the following circumstances:

It is evident that the employee’s performance issues are not due to any of the previously mentioned reasons, or
The Company has made appropriate efforts to help the employee improve through the informal performance improvement process or other written agreements, yet the employee has failed to meet the required standards within the specified timeframe.

The employee will receive written notification regarding the concerns related to their poor performance and will be invited to attend a disciplinary meeting with the responsible manager, with at least 5 days’ notice. They will also be provided with a copy of the Capability Policy and Procedure and informed of their right to have representation. In certain situations, both parties may agree to waive the minimum 5-day notice period. In such cases, the meeting can proceed as long as written notice of the meeting and its purpose has been provided.

Prior to the meeting, individuals should receive copies of any documentation that will be referenced, such as the performance improvement plan and quarterly review documents. Alternatively, if necessary, a sufficient break should be allowed during the meeting to enable participants to review these materials.

The employee is expected to make all reasonable efforts to attend any disciplinary meeting. If an employee repeatedly fails or refuses to attend without valid reason, the employer may proceed to make a decision based on the available evidence.

The manager will work to identify the underlying causes of the poor performance and determine any potential remedial actions. During the performance review, the line manager should present specific examples that highlight areas of unsatisfactory performance and discuss the following points:

Whether the individual feels they are well-suited for the role.
Whether the individual believes they have a disability that may be impacting their performance.
Whether there are any health issues, personal matters, financial difficulties, or other circumstances affecting their performance.
If appropriate, whether to seek medical support or guidance from occupational health providers.

The employee will also have the opportunity to respond to the concerns or complaints raised.

If, at the end of the disciplinary meeting, the manager determines that no formal action is warranted, support and encouragement should be provided to the individual, and a review or monitoring period should be established. The individual should be informed that any deterioration in their performance may lead to future formal action. The outcome of the meeting should be documented and communicated in writing.

If, however, the manager concludes that there is a performance shortfall that needs to be addressed, the employee will receive a formal warning.

Formal Warnings

A formal warning will normally outline:

The specifics and nature of the poor performance
The degree of improvement needed
The timeframe for achieving the necessary improvement (which may differ from the warning’s timeline)
Any interim review meetings scheduled during the performance warning period
Consequences if the employee does not meet or sustain the required improvement standards
The duration for which the warning will remain in effect; this will typically depend on the circumstances and will be outlined in the disciplinary warning letter
The right to appeal the decision

Disciplinary action will be based on the severity of the unsatisfactory performance. Typically, as the initial corrective measure, the Company will issue a written warning for such performance issues. If the unsatisfactory performance persists, and after following the established disciplinary procedure for each situation, the Company may issue a final written warning and, if necessary, proceed to terminate the employee’s employment.

In cases of more severe unsatisfactory performance, the Company may issue a final written warning if deemed appropriate.

Written Warning

If, after the informal procedure there is no improvement, insufficient improvement or the improvement fails to be maintained for the stated period of time, then the employee will be issued with a written warning setting out the details as outlined above and in their performance improvement plan. This warning will expire after 6 months.

Final Written Warning

If there is no improvement, insufficient improvement, or if the improvement is not sustained during the period specified in the written warning, the employee may receive a final written warning that details the circumstances as previously described. This warning will include a statement indicating that failure to meet the required standards may lead to dismissal. The final written warning will remain valid for 12 months.

Action short of Dismissal

Action short of dismissal, such as demotion or transfer to another position, may only be considered in exceptional circumstances since a demotion is legally treated as a form of dismissal. An employer must be able to “fairly dismiss” an employee before implementing a demotion. However, there may be instances where an employee consents to a change in their duties, including a demotion and a corresponding reduction in salary or benefits, as an acceptable resolution to a formal performance management process.

Dismissal

If there is no improvement, insufficient improvement, or if the improvement is not sustained following the final written warning, the employee will typically be dismissed, with notice or pay in lieu provided. Alternatively, at the Company’s sole discretion, the employee may be offered suitable alternative work within the organisation, provided that such positions are available.

Right to be accompanied

Employees are entitled to be accompanied by a work colleague or a trade union representative at all formal meetings.

Appeals

Employees have the same rights to appeal at every stage of the process, as outlined in the Disciplinary and Dismissal Appeals procedure.

The Company retains the right to initiate the procedure at any stage if the results of the initial review meeting indicate that the performance issue justifies it.

Throughout this process, we may need to collect various forms of information and evidence to support the investigation. This will be handled in accordance with our Privacy Policy and may include, but is not limited to, witness statements, emails, and data stored in our systems.