disciplinary

this policy sets standards of performance and behaviour expected by the employer, together with the procedure to be followed in the event of disciplinary issues. the policy aims to help promote fairness and order in the treatment of individuals. it is the employer’s aim that the rules and procedures should emphasise and encourage improvement in the conduct of individuals where they are failing to meet the required standards, and not be seen merely as a means of punishment. we reserve the right to amend these rules and procedures where appropriate.

every effort will be made to ensure that any action taken under this procedure is fair, with you being given the opportunity to state your case.

the following rules and procedures should ensure that:

  • the correct procedure is used when requiring you to attend a disciplinary hearing

  • you are fully aware of the standards of performance, action and behaviour required of you

  • disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner

  • you will only be disciplined after careful investigation of the facts and the opportunity to present your side of the case

  • at all disciplinary hearings, rather than investigatory meetings, you have the right to be accompanied by a support person at all stages of the formal disciplinary process

  • you will not normally be dismissed for a first breach of discipline, except in the case of serious misconduct and

  • if you are disciplined, you will receive an explanation of the penalty imposed.

on some occasions temporary suspension on contractual pay may be necessary in order that an uninterrupted investigation can take place.

this should not be regarded as disciplinary action or a penalty of any kind.

disciplinary rules

it is not practicable to specify all disciplinary rules or offences that may result in disciplinary action, as they may vary depending on the nature of the work. in addition to the specific examples of unsatisfactory conduct, misconduct and serious misconduct shown in this policy, a breach of other specific conditions, procedures and practices set out elsewhere in this employee handbook or that have otherwise been made known to you, will also result in this procedure being used to deal with such matters.

rules covering unsatisfactory conduct & misconduct

you will be liable to disciplinary action if you are found to have acted in any of the following ways:

  • failure to abide by the Employer’s health and safety policies and procedures and your general health and safety responsibilities

  • actions which could threaten the health and safety of yourself, your colleagues or others

  • persistent absenteeism and/or lateness

  • unsatisfactory standards or output of work

  • rudeness towards customers/clients, members of the public or your colleagues, objectionable or insulting behaviour, harassment, bullying or bad language

  • failure to devote the whole of your time, attention and abilities to our business and its affairs during your normal working hours

  • unauthorised use of email, internet and/or social media

  • failure to carry out all reasonable instructions or follow our rules and procedures

  • unauthorised use or negligent damage or loss of our property and

  • failure to report immediately any damage to property or premises caused by you.

this list is not exhaustive.

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

  • 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.

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, but you will retain the right to a disciplinary hearing.

if a disciplinary penalty is imposed it will be in line with the procedure outlined above, which may encompass a formal verbal warning, written warning, final written warning, or termination, and full details will be given to you.

there may be occasions where the performance or conduct of an employee is serious enough to by-pass one of the above steps and move immediately to a first and final written warning but not a summary termination. this option might be used in circumstances where the employer’s policy is breached but it is not so serious as to warrant instant termination.

in all cases, warnings will be issued for misconduct, irrespective of the precise matters concerned and any further breach of the rules in relation to similar or entirely independent matters of misconduct will be treated as further disciplinary matters and allow the continuation of the disciplinary process through to termination if the warnings do not change behaviour.

general note

if you are in a supervisory or managerial position then demotion to a lower status at the appropriate rate of pay may be considered as an alternative to termination, except in cases of serious misconduct.

serious misconduct offences will result in termination without notice.