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Report a formal complaint
How to make a formal bullying and harassment complaint and what happens during the disciplinary process.
If informal action does not resolve the issue, or if the complaint is serious, you can start the formal process.
How to raise a formal complaint
Submit your complaint to your manager, headteacher or Chair of Governors. They will:
- acknowledge receipt within 5 working days
- arrange separate preliminary meetings with you and the other person within 5 days
- confirm your right to be accompanied by a trade union representative or work colleague
The meeting will help understand what happened. Managers must be clear and consistent about the allegations throughout the process.
Considering suspension
If the alleged behaviour could amount to gross misconduct, suspension may be considered after the preliminary meeting.
Suspension is not disciplinary action, it's a neutral step taken while the investigation continues. You will continue to receive normal pay during this time, in accordance with the disciplinary procedure.
The decision will only be made after other options have been considered. If suspension is necessary, you will be told the reasons as soon as possible.
HR advice should be sought before suspending an employee. Suspension should be kept under strict review, with oversight provided to the relevant policy guardian. A minimum review every 21 days is recommended.
Investigation
An impartial commissioning manager will be appointed, and an investigating officer will carry out a disciplinary investigation, in accordance with the disciplinary procedure. Where possible, the investigation and report should be completed within 28 days.
The findings will be shared with both parties in a written report.
Disciplinary meeting
Within 10 working days, a formal meeting will be arranged after the investigation.
Meeting arrangements
You will receive written notice of the meeting, including the time, venue and details of the allegations.
The alleged bully or harasser will be told the possible consequences so they can prepare.
If your chosen representative cannot attend, you can request a postponement within 5 days of the original date.
You should submit any papers and witness names within the same timeframe.
Both parties will receive copies of relevant documents and witness statements at least 5 working days before the meeting.
Formal complaint meeting
The commissioning manager will:
- arrange a notetaker who is not involved in the case
- provide separate rooms for both parties and their representatives, as well as for witnesses
- explain the allegations and review the evidence
- allow both parties to ask questions, present evidence and call witnesses
The complainant or their representative can also present an impact statement, including desired resolution. If needed, the complainant can present their statement without the other party present or be done virtually.
Witnesses will attend individually and will not present statements in front of other witnesses.
If either party is a trade union representative, the commissioning manager will discuss the case with a full-time union official.
Adjournment
After the meeting, the commissioning manager will decide whether the complaint is upheld. If more time is needed, the meeting may be reconvened. The commissioning manager may refer to the disciplinary procedure or seek advice from their HR professional.
After the meeting
Both parties will be informed of the decision separately.
If no misconduct is found, there is no case to answer and no disciplinary action. The complainant will be advised of their right of appeal.
If misconduct is found, the alleged bully/harasser will be informed of:
- the disciplinary action that may be taken, which could include dismissal
- their right of appeal
The complainant will not be told the specific sanction or outcome of any disciplinary action.