Disciplinary Dismissal and Grievance Policy and Procedure

DISCIPLINARY / DISMISSAL AND GRIEVANCE POLICY AND PROCEDURE

1. GENERAL PRINCIPLES

The following general principles will apply to the disciplinary/ dismissal and grievance procedures

Each step and action will be taken without unreasonable delay.
The Company will investigate to establish the facts of the case and will inform you.
Whenever you are invited by the Company to attend a meeting, you must take all reasonable steps to attend.
You will be permitted to be accompanied at any formal meeting Timing and location of meetings will be reasonable.
Meetings will be conducted in a manner that enables both you and the Company to explain its case before a decision is made.
For appeal hearings the Company will as far as reasonably practicable, be

represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).

Whenever you or the Company are required to send each other a statement a copy will suffice if the original is not available.

2.DISMISSAL AND DISCIPLINARY PROCEDURES

These Dismissal and Disciplinary procedures are designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance.

The standard disciplinary procedure is set out below. The standard procedure will be used when the Company contemplates dismissing or taking formal disciplinary action against you such as that set out in paragraph 2.3 below.

2.1. Disciplinary Procedure

Step 1 Following an investigation the Company will set out in writing your alleged conduct or characteristics, or other circumstances, which lead the Company to contemplate dismissing or taking disciplinary action against you. The Company will send the statement or a copy of it to you and invite you to attend a meeting to discuss the matter.

Step 2 (1) The meeting will take place before any action is taken, except in the case where the disciplinary action consists of a suspension on full pay.

(2) The meeting must not take place unless:

The Company has informed you of the ground or grounds for contemplating disciplinary action or dismissal in the form of a written statement.
You have had a reasonable opportunity to consider your response to that information.
You shall be informed of your right to be accompanied at the meeting.
After the meeting, the Company will inform you in writing of its decision and notify you of the right to appeal against the decision if you are not satisfied with it.

Step 3 (1) If you do wish to appeal, you must inform the Company within 5 working days of your grounds of appeal, and on doing so the Company will invite you to attend a further meeting.

The appeal meeting may not take place before the dismissal or disciplinary action takes effect but will be arranged within a reasonable period of time.
After the appeal meeting, the Company will inform you of its final decision.

2.2. General points

2.2.1. The Company may suspend you with or without pay while an investigation takes place. Such a suspension will be reviewed as soon as possible and will not normally exceed 10 working days.

2.2.2. You have the right to be accompanied by a work colleague of your choice during any disciplinary or grievance meetings but if your companion is unable to attend any such meeting you may suggest an alternative date, provided it is within 5 working days of the original date.

2.2.3. You will not be dismissed for a first breach of discipline except in the case of gross misconduct (when the penalty may be dismissal without either notice or payment in lieu of notice).

2.2.4. Misconduct will generally fall into two categories, namely “general” misconduct (in respect of which the general disciplinary procedure described below applies) and “gross” misconduct, which is of so serious a nature that it, justifies instant dismissal for a first offence. Listed below are examples of which would normally be considered to be either general misconduct or gross misconduct. However, it should be recognised that neither list can be regarded as complete to meet every case, and also that action described as general misconduct may amount to and be treated as gross misconduct if the circumstances or the manner of the misconduct are such as to warrant serious disciplinary action. These lists should be regarded therefore as being illustrative rather than exhaustive.

Examples of “gross” misconduct

Summary dismissal (dismissal without notice or pay in lieu of notice) may be necessary in cases of gross misconduct. For guidance, the following are examples of the offences which may be regarded as gross misconduct and will normally result in summary dismissal. It is emphasised that this is not an exhaustive list:

Unauthorised use or disclosure of confidential information or business matters relating to the Company, its clients, temporary workers or applicants.

Breach of the Data Protection Laws;

Acts of violence, including physical assault; unlawful discrimination; drunkenness; taking of non-prescribed drugs in such a way as to impair the ability to carry out work; conduct of any kind which endangers the health and safety of others.

A criminal offence committed at work other than a minor road traffic offence committed in the course of the employment, or an offence committed outside work which is incompatible with the employee remaining in employment.

Falsification of information or references on appointment.
Falsification of a timesheet.
Unauthorised absence or gross negligence in the performance of duties.

Acceptance of any bribe, secret profit or unauthorised commission.

Any conduct tending to bring the Company, any of its clients or the employee into disrepute or which results in the loss of custom of a client, temporary worker or applicant or a loss of business.

Working for or assisting a competitor of the Company or any of its clients or seeking to establish a business which is likely to compete with the Company or any of its clients or divulging confidential information concerning the Company and its business or that of its clients.

Refusal to obey a lawful instruction in connection with the employment, including the refusal of a suitable assignment offered by the Company.

Failure to notify the Company of any unavailability to undertake assignments.

Examples of “general” misconduct

The following may be regarded as reasons for disciplinary action in that they deviate from accepted standards and constitute general misconduct. Your first offence will usually result in a verbal or written warning as appropriate. Repetition of offences following a warning could lead to a written warning or a final written warning as appropriate. Thereafter any repetition will result in dismissal. It is again emphasised that this is not an exhaustive list:

Poor job performance.
Poor time-keeping.
Failure to comply with any other conditions under the contract of employment.
Unseemly or disruptive conduct.

2.3 Disciplinary Action

The following represents the disciplinary action that may be taken in cases of misconduct or unsatisfactory performance. The disciplinary and dismissal procedure may be implemented at any stage if the seriousness or repetitive nature of your misconduct or unsatisfactory performance warrants such action:

STAGE 1 – INFORMAL ACTION: ORAL WARNING

If your conduct or performance is unsatisfactory, you will be given an informal oral warning. However this will be recorded in writing on your personnel file. The warning will be disregarded after 6 months’ satisfactory service.

STAGE 2 – FORMAL WRITTEN WARNING

If the offence is serious, or if there is no improvement in standards after informal action has been taken in cases of minor misconduct or unsatisfactory performance or there has been further misconduct within 6 months of any informal action, a written warning will be given. This written warning will include the reason for the warning and a note that, if there is no improvement after a specified period, a final written warning will be given. A copy of the written warning will be given to you and a copy will be placed on your personnel file. The warning will be disregarded after 6 months satisfactory service.

STAGE 3 – FORMAL FINAL WRITTEN WARNING

If following a written warning, conduct or performance remains unsatisfactory, or if a serious incident occurs, a final written warning will be given making it clear that any recurrence of the offence or other serious misconduct within a specified period will result in dismissal. A copy of the written warning will be given to you and a copy will be placed on your personnel file. The warning will then be disregarded after 12 months satisfactory service.

STAGE 4 – DISMISSAL

If there is no satisfactory improvement or if further serious misconduct occurs within 12 months, you may be dismissed either with or without notice or payment in lieu of notice.

3.GRIEVANCE PROCEDURE

This procedure should be used if you have a grievance or complaint about your work or about those you work with. Where possible you should try to raise the matter informally in the first instance.

Step 1

You must set out your grievance in writing and send this statement to the Company.

Step 2

The Company will invite you to attend a meeting to discuss your grievance. The meeting must not take place unless:

– You have informed the Company of the basis for the grievance set out in the statement under step 1

– The Company has had a reasonable opportunity to consider its response to that information.

After the meeting the Company will inform you of its decision, and the Company will notify you of your right to appeal if you are not satisfied with it.

Step 3 If you do wish to appeal, you must inform the Company within 5 working days of your grounds of appeal, and if you do so the Company will invite you to attend a further meeting. After the appeal meeting, the Company will inform you of its final decision.

Disciplinary Dismissal and Grievance Policy and Procedure