DISCIPLINARY PROCEDURE

Principles

This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance. The aim is to ensure consistent and fair treatment for all in the organisation. Informal action will be considered where appropriate to resolve problems.

No disciplinary action will be taken against an employee until the case has been fully investigated. A supervisor or manager as appropriate will investigate the matter in question.

For formal action the employee will be advised of the nature of the complaint against him/her and will be given the opportunity to state his/her case before any decision is made at a disciplinary meeting 

Employees will be provided where appropriate with written copies of evidence and relevant witness statements in advance of the disciplinary meeting.

At all stages of the procedure, the employee will have the right to be accompanied by a trade union representative or work colleague. 

No employee will be dismissed for a first breach of disciplinary except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice. 

An employee will have the right to appeal against any disciplinary action. 

The Procedure

A supervisor or manager as appropriate will be appointed to investigate the matter in question. Employees may be suspended pending an investigation if it is considered that the investigation needs to take place without the employee in post. Suspension in these circumstances is not disciplinary action itself. Employees will be paid during suspension.

Once the investigation is complete, the employee will be sent a letter explaining the complaint together with any supporting evidence inviting them to a meeting to discuss the issues raised. 

At that meeting, the employee will have the opportunity to put forward his/her case and comment on any of the evidence. At the end of the meeting or following an adjournment if it is considered necessary, the employee will be notified of the company’s decision as to any sanctions considered appropriate.

Sanctions

Sanctions may be implemented at any stage if the employee’s alleged misconduct warrants this.

First Stage of Formal Sanction

This will normally be either:-

• An improvement note for unsatisfactory performance if performance does not meet acceptable standards. This will set out the performance problem, the improvement that is required, the time scale, any help that may be given and the right to appeal. The employee will be advised that it constitutes the first stage of the formal procedure. A record of the improvement note will be kept for 6 months but will then be considered spent – subject to achieving and sustaining satisfactory performance. Please see our Capability Procedure.

or

• First warning for misconduct if conduct does not meet acceptable standards. This would be in writing and set out the nature of the misconduct and the change in behaviour required and the right of appeal. The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change. A record of the warning will be kept but it will be disregarded for disciplinary purpose after 6 months.

Final Written Warning

If the offence is sufficiently serious, or if there is further misconduct or failure to improve performance during the currency of a prior warning, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that the failure to improve may lead to dismissal (or some other actions short of dismissal) and will refer to the right of appeal. A copy of this written warning will be kept by the supervisor/manager but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct/performance.

Dismissal or other Sanction

If there is still further misconduct or failure to improve performance, the final step in the procedure may be dismissal or some other action short of dismissal such as demotion or disciplinary suspension or transfer (as allowed in the contract of employment). Dismissal is likely to be the first sanction in cases of Gross Misconduct.

Dismissal decisions can only be taken by an appropriate senior manager and the employee will be provided in writing with reasons for dismissal, the date on which the employment will terminate and the right of appeal.

If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement and will be advised of the right of appeal. A copy of the written warning will be kept by the supervisor but will be disregarded for disciplinary purposes after 12 months subject to achievement and sustainment of satisfactory conduct or performance. 

Gross Misconduct

The following list provides some examples of offences which are normally regarded as gross misconduct:

• Theft or fraud.
• Physical violence or bullying.
• Deliberate and serious damage to property.
• Serious misuse of the company’s property or name.
• Deliberately accessing internet sights containing pornographic offensive or obscene material.
• Serious insubordination.
• Unlawful discrimination or harassment.
• Bringing the company into serious disrepute.
• Serious incapability at work brought on by alcohol or legal drugs.
• Causing loss damage or injury through serious negligence.
• Serious Health and Safety rules.
• A serious breach of competence.

If you are accused of act of Gross Misconduct, you may be suspended from work on full pay normally for nor more than 5 working days whilst the alleged offence is investigated. If the investigation takes longer than 5 working days we will advise you of this and endeavour to complete the investigation as soon as practicable. If on completion of the investigation and the full disciplinary procedure, the company is satisfied that gross Misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.

Appeals

An employee who wishes to appeal against the disciplinary decision must do so within 5 working days. A senior manager will hear all appeals and his/her decision is final. At the appeal any disciplinary penalty imposed will be reviewed and may be revoked.