Disciplinary

 

The Company requires good standards of discipline from its employees, together with satisfactory standards of work. These disciplinary procedures apply to any misconduct or failure to meet standards of performance or attendance. The procedure is referred to in your Contract of Employment but is not contractual.

 

The purpose of the procedure is to be corrective rather than punitive and it should be recognised that the existence of procedures such as these are to help and encourage you to achieve and maintain standards of conduct, attendance and job performance and to ensure consistent and fair treatment for all employees.

 

If your standard of work or conduct falls and, after warnings, remains below the level which is acceptable, you may be dismissed.

 

Summary dismissal without notice will take place if an act of gross misconduct is committed. Gross misconduct is any deliberate act by an employee that is detrimental to the good conduct of the Company’s business. Examples of misconduct and gross misconduct are listed below.

The following is a non-exhaustive list of examples of offences, which amount to misconduct falling short of gross misconduct;

 

 

The following is a non-exhaustive list of examples of offences, which amount to gross misconduct;

 

 

No disciplinary action will be taken until the case has been fully investigated.  This may involve asking you, co-workers, customers and any other parties for information and where appropriate, evidence.  You will be advised of the nature of the complaint and will be given the opportunity to state your case before a decision is made. 

 

For any stages of the process involving written warnings you will be invited to a hearing.  You may, if you wish, be accompanied by a single companion.  A single companion may be a fellow employee or a trade union representative. Although this individual will be permitted to attend the hearing, they will not be permitted to answer questions on your behalf, although you may be permitted to confer with this individual during the course of the hearing.   If your chosen single companion is unable to attend the hearing date and time, you have the right to request an alternative date and time provided that date falls within 5 (five) working days of the original proposed date (beginning with the first working day after the original date proposed by the company).

 

Except for acts of gross misconduct, the following procedure will normally be adopted. Note that the process can start at any stage depending on the severity of the issue.

 

1) Verbal warning

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For minor breaches of discipline or failure to achieve satisfactory standards, a  verbal warning will be given, normally by your immediate line manager and/or HR.  A written statement of the event will be placed on your file, and will be removed after 6 months in the absence of further offences.  For verbal warnings a hearing will usually not be required, although you will be provided with the opportunity to state your case before a decision is made.  You will not receive a letter when a verbal warning is given, and a verbal warning will not be formally referred to in any future recurrences of the issue.

 

2) Written warning: For more serious offences, or in the event of further minor transgressions, a warning will be given in writing. This warning will normally be given either by your immediate line manager,  your department manager or HR. This will be removed after 12 months in the absence of further offences.

 

3) Final written warning: In the event of further repetition of the misconduct or a failure to comply with a requested improvement, or in the case of misconduct or failure to comply with standards which do not amount to gross misconduct but which warrant a first and final warning, a final written warning will be issued by your department manager. This warning will specify that the consequences of a failure to comply will normally be dismissal. This will be removed after 12 months in the absence of further offences.

 

4) Gross misconduct: In the event of any further misconduct or failure to achieve satisfactory standards or in the case of misconduct not amounting to gross misconduct but warranting dismissal, dismissal may result. In cases of gross misconduct, you will normally be dismissed without notice or pay in lieu of notice. In exceptional circumstances, or if there are any genuine mitigating circumstances, alternative disciplinary action may be taken.

 

Suspension will be on full pay and you will be informed in writing of this at the time.

 

The suspension will not normally be for more than 14 days whilst investigations into the circumstances of any allegation(s) of misconduct are carried out, although the Company reserves the right to extend the period of suspension should this be necessary to complete all relevant investigations.

 

If you are dissatisfied with any disciplinary decision affecting you, you may appeal to the level of management immediately above that at which the decision was taken within seven working days of the disciplinary decision being communicated to you whether verbally or in writing. At the time of the decision being communicated to you, you will also be notified of the appropriate member of the Senior Management Team to whom you may appeal.

 

Any disciplinary action taken which is the subject of an appeal will stand unless reversed on appeal.

 

Any appeal must be put in writing, stating the grounds for the appeal. A manager of appropriate seniority who has not been involved in the initial proceedings will hear the appeal. The Appeal will review but cannot increase a disciplinary penalty.

 

The decision of the appeal hearing is final and there is no further right of internal appeal.