People & Organisational Development

Guidance for Commissioning Managers

Introduction

This guide outlines best practice for colleagues undertaking the role of Commissioning Manager in accordance with the University’s Disciplinary policy.  This guide offers information on how to navigate the Disciplinary process, ensuring that the process is robust, fair and transparent for all.

The role of Commissioning Manager should, typically; be undertaken by a suitably senior colleague, such as the relevant Head of Unit, School or Service as appropriate.

What does the role ential? 

Commissioning Managers are responsible for the overall management and oversight of a disciplinary case they have commenced (or has been allocated to them by another senior manager).

This oversight is vital to ensure that assigned roles are accountable within their respective duties (for example, that an Investigating Manager is duly prioritising their investigation and concluding it within a reasonable timeframe).

Commissioning Managers typically conduct an initial review to determine the appropriate course of action in a given case, usually with support from their local P&OD Business Partner Team. This may involve consulting with a relevant manager (typically the line manager) to assess informal approaches, where suitable, or initiating a formal investigation if needed.  

Additionally, in consultation with People & OD, the Commissioning Manager may decide if suspension or alternative duties are appropriate in particular cases. Commissioning Managers should read: Guidance on Disciplinary Suspension to understand their responsibilities during the process.

If a formal investigation is warranted, Commissioning Managers establish the terms of reference and appoint an Investigating Manager. Upon completion of a disciplinary investigation, Commissioning Managers review the investigation report (prepared by the Investigating Manager) and determine the appropriate outcome, which may range from no action or informal resolution to proceeding with a disciplinary hearing.

Commissioning Managers are also pivotal later in the process either through becoming the Disciplinary Hearing Manager*, or in appointing a separate Disciplinary Hearing Manager (if deemed appropriate) and potentially an Appeal Hearing Manager/Panel if the process reaches that stage. Ensuring these roles are assigned appropriately is essential to maintaining a thorough, objective process that aligns with the University of Glasgow's policies and procedures.

*Where the Commissioning Manager becomes the Disciplinary Hearing Manager, the overarching responsibilities (or elements of them) will pass to another equivalent or more senior manager.

Key responsibilities include:

  • Undertaking or arranging to undertake an initial review to establish whether a formal investigation is required.
  • If the decision is to deal with the matter informally rather than formally - speaking to the colleague about what they need to do to improve and in what timescale or arranging for this to be done by another appropriate manager. A note of the informal outcome should be appropriately recorded and a summary of the discussion, along with any agreed actions should be shared with the colleague, using the Resolving Minor Instances of Misconduct Form.    
  • Notifying the colleague to inform them of the allegations to be investigated and the next steps in the process. Where possible, this should be undertaken in person.
  • (In exceptional/serious cases) Placing the colleague on alternative duties or suspending if deemed necessary, or arranging for this to be done, for example, by the line manager. Suspensions must be agreed in advance with appropriate advice from People &OD.
  • Continuing to review the appropriateness of any suspension during the period of investigation.
  • Commissioning an Investigating Manager to undertake the formal investigation process.
  • Preparing (with P&OD Business Partner support) the terms of reference for the Investigating Manager and emphasising the importance of reasonable timescales.
  • (If the Investigating Manager identifies any additional allegations during the investigation) Revisiting the terms of reference and amending where necessary. Notifying the colleague (subject to the investigation) of any further allegations which may arise. 
  • On receipt of the report from the Investigating Manager, ensuring it complies with the terms of reference, and determine the appropriate action to be taken. (Note: On occasion, this may include recommendations being passed to the relevant Head of Unit/School/Service, where consideration of the actions is advised. It is then for the Head of Service to review these recommendations and determine whether and how they should be taken forward, in line with operational requirements and organisational policies.
  • Informing the employee/respondent of the outcome of the investigation and any subsequent action. 
  • If the decision is not to proceed to a Disciplinary Hearing, communicating te outcome to the colleague concerned.
  • If the decision is to proceed to a Disciplinary Hearing, deciding to hear the case or alternatively commission an appropriate Disciplinary Hearing Manager (for example, in cases where the Commissioning Manager holds a conflict of interest). (See Guidance – Disciplinary Hearing Manager for further information). 
  • Overseeing the implementation of any recommendations and or actions issued as part of any Disciplinary Hearing outcome.

Supporting wellbeing

As a Commissioning Manager overseeing the disciplinary process, it is essential to be alert to the potential stress and emotional impact on all parties involved.

Individuals may respond to disciplinary proceedings differently, and in some cases, the possibility of disciplinary action or dismissal may lead to notable distress or possible illness (including mental health related).

If concerns arise, Commissioning Managers may be made aware and should consider discussing with the relevant manager the need for any potential adjustments in the process, or any other steps (in conjunction with P&OD advice if appropriate).

Commissioning Managers should also be considerate of any potential impact on other stakeholders in the process (e.g. Investigating Managers, Hearing Managers or Witnesses). Depending on the subject and nature of a given case, the process can be particularly demanding across different stakeholders who may also require support themselves.

Following the disciplinary process, it may also be necessary to work with Disciplinary Hearing Managers and line managers to address any remaining factors that could impact workplace relationships (or potentially an individual’s reintegration). Providing appropriate support at this stage is often key to fostering a respectful and supportive work environment.

Where the Commissioning Manager becomes the Disciplinary Hearing Manager, these overarching responsibilities (or elements of them) may pass to another equivalent or more senior manager.

Some specific examples of where a Commissioning Manager can positively influence a process from a wellbeing perspective include: 

  • Ensuring that investigations are carried out in a timely manner, holding the Investigating Manager responsible for this and ensuring that extensions to the desired timescale are only permitted under exceptional circumstances. The process itself is often the main stressor; thus a timeous investigation (without compromising robustness) can minimise the period of strain placed on all parties. 
  • Informing the colleague in writing that an investigation/hearing will commence (using the available template provided by P&OD), stating the allegations and details of other roles, such as the Investigating Manager name, clearly so that they understand them and are as prepared as possible as to what to expect next.
  • Ensuring that in rare cases of suspension, adequate and regular contact arrangements (via a support contact) are in place and that any suspension remains only as long as is necessary.
  • Ensure the wellbeing of managers throughout the process and consider, in particularly challenging cases, more proactive wellbeing check-ins.
  • Maintain contact and take advice as appropriate from P&OD colleagues.

Things to consider when appointing other roles within the process

As mentioned above, Commissioning Managers play a key role in appointing other roles within the process, and this is done with support from P&OD (usually the local P&OD Business Partner team are best placed to assist with initially identifying the most suitable Investigating and/or Hearing Manager before the case is then passed to the Case Management Hub who provide support and assist with issuing the necessary letter of appointment).

Whilst support and guidance are available, some key high-level considerations are listed below:

  • Impartiality and objectivity – it is important to ensure there are no conflicts of interest at the outset to ensure a fair and transparent process and ensure that impartiality/objectivity are not compromised.
  • Relevant Skills and Experience – it may not always be possible, but it is beneficial if the appointed manager has had prior experience or training and has an understanding of relevant University policies. This may be prior experience of conducting an investigation or chairing a disciplinary hearing. For certain cases the manager should have a level of seniority appropriate to the case's complexity. Whilst these measures are optimal, they are not essential in areas where this is not possible and full support is always provided by People & OD.
  • Timescales – the chosen manager should have sufficient time and resources to dedicate to the role and this is particularly important for those appointed as Investigating Managers (due to the more time-consuming aspect of that stage).

Useful Resources

Below are the policies that outline our expected behaviours and standards, available on the University and People & OD webpages:

Health and Wellbeing Resources

Information and guidance and wellbeing support for colleagues is available via:

  • The University’s Health and Wellbeing Hub – Manager Zone
  • The University’s Health and Wellbeing Hub
  • Discussing Adjustments & Support
  • Employee Assistance Programme (EAP) – provides confidential support to University employees and their family members, 24 hours a day, 365 days a year, 0800 882 4102.
  • Champion Health app – provides online personalised wellbeing content, tools, trackers and includes a resources library. When registering enter access code: uog1451
  • Able Futures –a mental health support service provided by Access to Work. There is no cost to using this confidential service and no waiting list. Support is available over the phone, video call and through email.   Colleagues can call Able Futures on 0800 321 3137 or visit able-future.co.uk to sign up online.
  • The University’s Mental Health First Aid Network – provide initial assistance and direct help for those wanting to talk about their mental health concerns.