Disciplinary & Grievance
This document sets out guidance as to the details of how the Disciplinary and Grievance Procedures work in practice, and is not contractual. It also seeks to give employees guidance as to what behaviour the Company finds unacceptable and the possible consequences of that behaviour.
- Disciplinary Rules
1.1 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. It does not apply to genuine sickness absence or proposed redundancies.
1.2 The purpose of the Disciplinary Procedure is to be corrective rather than punitive and it is hoped that the existence of procedures such as these would 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.
1.3 If your standard of work or your conduct fall and, if after warnings, remain below the level that is acceptable, you may be dismissed.
1.4 The Company reserves the right to depart from the precise requirements of this Procedure where it is necessary and appropriate to do so and where the resulting treatment of the employee is no less fair. In particular it should be noted that the Company can impose whatever sanction it considers appropriate in the circumstances of each individual case and the range of sanctions set out at Clause 3 can be adopted at any stage up to and including dismissal with or without notice.
1.5 Minor conduct issues can often be resolved informally between the Company and the employee. An informal warning may be given where appropriate. Formal steps will be taken under this Procedure if the matter is not resolved, or if informal discussion is not appropriate.
1.6 Summary dismissal without notice can take place if an act of Gross Misconduct is committed.
1.7 Examples of Misconduct and Gross Misconduct are listed below.
1.7.1 Examples of Misconduct
The following is a non-exhaustive list of offences which amount to Misconduct falling short of Gross Misconduct:
- Unacceptable performance
- Breaches of Company rules
- Time wasting
- Disruptive behaviour
- Unauthorised use of Company property
- Persistent or regular absenteeism or lateness
- Unauthorised absence from work
- Contravention of minor safety Regulations
1.7.2 Examples of Gross Misconduct
The following is a non-exhaustive list of offences which amount to Gross Misconduct:
- Dishonesty and/or theft
- Falsification of Company records (including clock cards/time sheets)
- Serious disobedience or disrespect for Managers/Directors
- Violent, abusive or intimidating conduct
- Deliberate damage to Company property
- Harassment on the grounds of sex, gender reassignment, race, disability, sexual orientation, religious beliefs or age
- Unauthorised use or disclosure of confidential information
- Attending work under the influence of alcohol or non medically prescribed drugs
- Rudeness to customers
- Any action likely to bring the Company into disrepute
- Breach of Health and Safety rules which endanger the health and safety of others
- Failure to disclose correct information on your application form
- Conviction for any serious criminal offence while an employee of the Company
- Being on Company premises without permission
- Deliberate and/or repeated breach of Company rules
- Contravention of Company safety regulations
1.8 Incapability will also be dealt with under this procedure. The following are examples:
- Poor performance
- Incompetence
- Unsuitability
- Lack of application.
These examples are not exclusive or exhaustive and issues of a similar nature will be dealt with under the Disciplinary Procedure.
2.(A) Standard Disciplinary Procedures
2.1 You may be suspended from work if the Company considers that your suspension is necessary in order to conduct an appropriate investigation into your performance or conduct. Any suspension will be on full pay and may continue throughout the Disciplinary Process (including the Disciplinary Hearing and any subsequent Appeal Hearing) but will not normally be for more than 10 days in total. Details of any suspension will be confirmed to you in writing. Suspension does not imply that a decision has been made in respect of proceeding with a Disciplinary Procedure or imposing a Disciplinary Sanction.
2.2 No disciplinary action will be taken until the case has been fully investigated.
You may be invited to attend an Investigatory Interview. This is intended to be informal.
The Manager or Director conducting the Interview will decide whether the matter can be dealt with by
(1) informal discussion, or
(2) by arranging a formal Disciplinary Hearing.
If the former, that will be an end to the matter.
If the latter, the interview will be terminated and arrangements made for a Disciplinary Hearing.
Investigative interviews are solely for the purpose of fact-finding and no decision on Disciplinary action will be taken until after a Disciplinary Hearing has been held unless the Modified Disciplinary Procedure set out below applies. You must co-operate fully and promptly with any investigation.
2.3 Before a Disciplinary Hearing takes place you will be advised of the nature of the complaint in writing and invited to attend a Disciplinary Hearing. The hearing will be held as soon as reasonable practicable, although the Company will usually allow a notice period of 5 days to allow the employee to prepare their case. The Company will confirm in writing what the allegations are against the employee, basis of the allegations against the employee and the likely range of outcomes if the Company decides that the allegations are true. Should any of the following documentation be relevant and available, they will also be included
- a summary of relevant information gathered during the investigation
- a copy of any relevant documents which will be used at the Disciplinary Hearing; and
- a copy of any relevant witness statements, except where a witness’s identity is to be kept confidential.
At the Disciplinary Hearing you will be given the opportunity to state your case before a decision is made.
The Company will review the allegations made against you and discuss the available evidence during the meeting with you.
The Company will notify you in writing of its decision no later than 2 working days after the Disciplinary Hearing.
- (B) Modified Disciplinary Procedures
The Company may at its discretion in exceptional circumstances where an act of Gross Misconduct has occurred terminate your employment without prior warning or a Disciplinary Hearing. In this case the Company will set down in writing the nature of the alleged misconduct that led to your dismissal, the evidence for its decision and confirm your right to appeal against the decision. This information will be sent to you for you to decide how you wish to respond. Should you wish to appeal, you should proceed in accordance with Clause 4 below.
- Disciplinary Sanctions
3.1 No penalty will be imposed without a Hearing in accordance with the procedure stated in Clause 2A above unless the Modified disciplinary Procedure applies. Each case will be accepted on its own merits. Except for acts of Gross Misconduct, the following Sanctions will normally be adopted:-
3.1.1 For a first act of Misconduct or failure to achieve satisfactory standards, a first Written Warning will be given.
3.1.2 In the event of:-
- a further act of Misconduct; or
- a continued failure to achieve satisfactory standards; or
- an act of Misconduct that does not amount to Gross Misconduct, but which warrants a first and final Warning;
a final Written Warning will be issued. This warning will specify that the consequences of a failure to comply will normally be dismissal.
3.1.3 In the event of either:-
- any further act of Misconduct; or
- a continued failure to achieve satisfactory standards (despite a final Written Warning);
dismissal may result.
3.2 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, action short of dismissal may be taken (for example, the imposition of a final warning, demotion, suspension without pay).
3.3 Disciplinary action will be taken by a person nominated by the Directors (usually a person in a senior capacity). You should also note that the Company may determine to enter the Disciplinary Procedure at any stage up to and including dismissal.
- Appeals
4.1 If you are dissatisfied with any Disciplinary decision affecting you, you may appeal in writing to a Director of the Company within 5 working days of you receiving written notification of the Disciplinary decision.
4.2 Any appeal must be put in writing, stating the grounds for the appeal. A Director of the Company will convene a meeting with you to hear your appeal. You have a right to be accompanied to the appeal hearing in accordance with Clause 2.3 above.
4.3 The decision of the Director dealing with the appeal is final. There is no further right of internal appeal.