Disciplinary Procedure
1 - Purpose and Scope
The aim of this procedure is to maintain a standard of conduct and to encourage improvement were necessary. The procedure sets out the action which will be taken when disciplinary rules are breached, aiming to ensure fair treatment of the employee at all times.
2 - Principles
a) The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated (with the exception of suspected gross misconduct.)
b) At every stage, employees will have the opportunity to state their case and be represented, if they wish, by a person of their choice who is agreeable to both parties.
c) The employer will initially attempt to resolve problems relating to conduct or performance through informal discussion. The formal procedures described below will only need to be used when such informal methods have proved ineffective or been ignored.
3 - The Procedure
Stage 1 - Oral Warning
If conduct or performance is unsatisfactory, the employee will be given a formal oral warning which will be recorded and remain valid for three months.
Stage 2 - Written Warning
If the offence is serious, if there is no improvement in standards or if a further
breach of rules or conduct occurs, a Written Warning will be given which will include the reason for the warning and will remain valid for three months.
Stage 3 ? Final Written Warning
If conduct or performance is still unsatisfactory, a Final Written Warning will be given making it clear that any recurrence of the offence or other serious misconduct will result in dismissal. The Final Written Warning will remain valid for six months, and will make it clear that any recurrence of the offence or other serious misconduct will result in a Disciplinary Hearing. At the hearing, if it is decided that good working practice has been breached, this will be considered grounds for dismissal.
Stage 4 ? Dismissal
If there is no satisfactory improvement or if further serious misconduct occurs, the employee will be dismissed. The employer reserves the right to implement any stage of the above procedure where earlier stages are likely to be ineffective or inappropriate in dealing with the matter.
4 - Gross Misconduct
If an employee is suspected of gross misconduct they will be suspended immediately pending investigation. If gross misconduct is confirmed, the employee will be dismissed without notice. This means that the employee will not receive the usual oral and written warnings, but will proceed immediately to suspension pending an investigation.
Examples of Gross Misconduct include:
? Theft
? Damage to property
? Fraud
? Incapacity for work due to being under the influence of alcohol or illegal drugs
? Physical or sexual assault or harassment (either whilst at work or outside working hours)
? Verbal abuse (whether to the employer or any third party)
? Threatening behaviour (whether to the employer or any third party)
? Gross insubordination (which will include any conduct that tends to undermine the employer?s independence or self-determination)
? Breach of confidentiality
? Deliberately or knowingly endangering the employer?s safety, or the safety of the children
? Persistent unreasonable lateness.
These are only examples. Gross Misconduct is not limited to the behaviour listed above.