13.0 DISCIPLINARY
13.1 Introduction
We expect all staff to maintain high standards of performance and behaviour. This policy explains how disciplinary matters will be handled if issues arise. The goal is to encourage improvement, not simply to punish. Any action taken will be fair, consistent, and based on proper investigation. You will always have the chance to explain your side, and at a formal disciplinary hearing you may bring a support person. In some cases, a temporary suspension (on normal pay) may be used while an investigation takes place. This is not considered a penalty.
13.2 General Rules
It’s not possible to list every situation that might result in disciplinary action. However, misconduct generally includes things like ignoring health and safety rules, creating risks for yourself or others, repeated lateness or absences, poor work standards, rudeness or harassment, misuse of email or social media, not following instructions, unauthorised use or damage of company property, or failing to report accidents or damage.
13.3 Serious Misconduct
Occurrences of serious misconduct are significant because the penalty may be termination without notice, even without any previous warning being issued. It is not possible to provide an exhaustive list of examples of serious misconduct. However, any behaviour or negligence resulting in a fundamental breach of your contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment relationship will constitute serious misconduct. Examples of offences that will normally be considered to be serious misconduct include serious instances of:
· theft or fraud
· any conduct that may constitute a criminal offence
· physical violence or bullying
· sexual harassment
· deliberate damage to property
· deliberate acts of unlawful discrimination or harassment
· possession, or being under the influence, of illegal drugs at work and
· breach of the Employer’s health and safety policies and procedures and your general health and safety responsibilities or any actions that endangers the lives of, or may cause serious injury to, employees or any other person.
13.4 Procedure
Disciplinary action taken against you may be based on the nature of the conduct and behaviour. Outcomes of the disciplinary procedure will vary depending on factors including, but not limited to, any history of misconduct, the severity of the misconduct, your length of service and any mitigating factors. The outcomes include:
Disciplinary action taken against you may be based on the following procedure:
|
Offence |
1st occasion |
2nd occasion |
3rd occasion |
4th occasion |
|
Unsatisfactory conduct |
Formal verbal warning |
Written warning |
Final written warning |
Termination |
|
Misconduct |
Final written warning |
Termination |
|
|
|
Serious misconduct |
Termination |
|
|
|
Ordinarily a disciplinary outcome will be provided after:
· a meeting with you has taken place to discuss the issues allegedly involved (and at which you are entitled to have a support person)
· you have had the opportunity to respond to the allegations and
· we have considered your response and any mitigating factors.
We retain discretion in respect of the disciplinary procedures to take account of your length of service and the severity of the misconduct to vary the procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before termination.
Where a disciplinary outcome has been provided, any future or further breach of the rules in relation to similar or entirely independent matters of misconduct may be subject to further disciplinary action and allow the continuation of the disciplinary process through to termination if the warnings do not change behaviour.
13.5 Notes
If you are in a supervisory role, demotion may be considered instead of termination, except where serious misconduct has occurred. Serious misconduct will result in termination without notice.
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