DISCIPLINARY

 

Procedures

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1.    At all stages, the employee will be told what the complaint is against them, and the range of possible sanctions that may be taken.  The first step in the disciplinary process will be for the employees’ Manager to meet the employee informally to discuss the conduct or performance in question.  The outcome of the meeting may be one of the following:

    No further action to be taken
    A disciplinary hearing may be held and the outcome of this meeting could be any of the following:
No further action to be taken
a.    An oral warning to be noted in the employees work records
b.    A written warning to be noted in the employees work record, where it will remain for six months
c.    A final written warning
d.    Consideration of termination of employment

2.    At any hearing or disciplinary meetings, they have the right to be accompanied by a member of staff of their choice or Trade Union Representative, and both will have the right to ask questions and present evidence.

3.    The Manager will explain what will happen if there are future problems or if performance does not improve.  If the problem is performance related, the employees Manager will explain what the employee must do in order to improve.  The Capability Policy and Procedures may be activated.

4.    If a consideration of termination of employment is made, the employee will be informed in writing of the date of the hearing, the allegations against them, and the possible disciplinary sanctions that may be taken, within seven days of the consideration being made.  The date of the hearing will, as far as possible, not be more than fourteen days from the notice being given.

5.    If gross misconduct is suspected, the employee will be suspended on full pay while the matter is investigated by the Manager. 
6.    Any such investigations will take place, wherever possible, within fourteen days of the employees suspension.  In allegations of gross misconduct, the member of staff may be suspended immediately without having a previous verbal or written warning.

7.    The employee will have the right to attend a meeting with the Manager, and will have the right to representation as set out in paragraph 2.

8.    The employee will be informed of the date of the hearing, the allegations against them, and the possible sanctions that may be taken.

9.    Following the investigation, the Manager may decide on the following:

    To terminate the contract
    To impose any other disciplinary sanction
    To take no further action.

10.     In all cases, the employee has the right of appeal to the Manager.  If it is possible, the person who hears the appeal will not be the person who took the original decision.

11.    The employee must give notice, in writing, of their intention to appeal, stating the grounds for the appeal, within seven working days of the decision being made.

12.    An appeal will be heard, wherever possible, within fourteen days of the employees notice being given.  The appeal may confirm, alter or reject the original decision.

13.    The employee has the right to be accompanied to this hearing as set out in paragraph 2.

14.    The following are examples of the type of behaviour that could be deemed as gross misconduct (this is not an exhaustive list):

    Racist or sexist behaviour
    Racial or sexual harassment
    Drunkenness 
    Drug taking
    Violence
    Aggressive behaviour towards adults or children
    Dishonesty
    Bullying
    Theft
    Not following policies and procedures where this is likely to put others in a situation of danger

    Persistent failure to comply with reasonable requests or instructions of management
    Bringing the organisation into disrepute.