1. INTRODUCTION TO DISCIPLINARY PROCEDURE
All organisations need a minimum number of rules and procedures in order to protect the interest of both the employer and the contractor and also the interest of others who come into contact with our organisation.
The rules that we set out specify standards of performance and behavior and the procedures referred to in this section are intended to promote consistency and fairness. The purpose of our rules and procedures is to emphasis and encourage improvement in conduct and performance and is not necessarily to be construed as punitive action. accordingly, every effort is made to ensure that when action is taken under the disciplinary procedure that action is fair and reasonable and that you are given every opportunity to present your case and that there is a right of appeal against any disciplinary decision which is considered to be either unfair of unjust.
The following rules and procedures that are set out are intended to ensure:-
The disciplinary action when taken is taken quickly, fairly and in uniform and consistent manner;
That you will only be subjected to disciplinary action once there has been a full investigation of all the facts and you have had an opportunity to present your side of the case. If you are disciplined, you will receive a clear explanation of both the decision reached and any penalty imposed and of the right to appeal against the decision and/or penalty.
1. DISCIPLINARY RULES AND CATEGORIES OF CONDUCT
It is not practical to set out all the instances of conduct or performances which may lead to disciplinary action. However the disciplinary procedure may be invoked as a result of:-
Any failure to observe the rules set out I this handbook or in any other part of your contract of work/principle statements of Terms and Conditions of Services.
Any other instance of conduct or performances, which we believe can only properly be dealt with under a disciplinary procedure
It is impossible to proceed and exhaustive list of all instances of misconduct or performances given rise to disciplinary action, it is also impractical to state which category of discipline will be applied to any given degree of behaviour or performance.
Other than for a probationary termination or a gross misconduct issue it is unlikely that dismissal would be the first course of action taken. However, conduct or performance which proves to unacceptable into one of the undernoted four categories
Unsatisfactory conduct
Misconduct
Serious misconduct
Gross misconduct
Informal counselling
Where a breach of conduct or performance is not regarded as being particularly serious and is shown to have been caused by capability competence or behavior of an member of staff we may deal with this matter informally in the first instance and give an opportunity for improvement, if necessary with training, rather than to revert to the formal disciplinary procedure. Any decision to proceed in this way however is a matter for our discretion and will depend entirely on the circumstances of each case
Unsatisfactory conduct
Any minor breach of the rules and regulations will full into the category unsatisfactory conduct. If it is considered sufficiently serious to warrant disciplinary action then it is likely that if the first instance such a minor misdemeanor the disciplinary consequence will be a verbal warning. In dealing with unsatisfactory conduct it is in the standard of conduct or indeed performance which is being considered and not necessarily a repetition of an earlier misdemeanor.
MISCONDUCT
Disciplinary action may be taken where there is continued repetition of action which has resulted in a previous verbal warning for unsatisfactory conduct and there has been no improvement or there has been continued breach. It may well be however that the misconduct in question may be sufficiently serious to warrant an immediate written warning without their having been a previous verbal warning issued.
SERIOUS MISCONDUCT
Serious misconduct or a serious shortfall in performance may in themselves require a final written warning to be issued irrespective of whether previous warnings have been given. A first and final written warning may be issued where it is considered that conduct or performance is not sufficiently serious to warrant dismissal but nevertheless is considerably more serious than the action which would normally have warranted a written warning for misconduct
There will be actions where you have received a combination of either verbal and/or written warnings in respect of your conduct or performance and there have still been no marked improvements or there has been repetition of the action for which the previous warnings have been given. Consequently, if you have previously been given a written warning in relation to your conduct or performance and there has been no improvement or there has been as repetition of the misconduct then the next disciplinary punishment will usually be a final written warning for a serious misconduct.
Please note that following the issue of a final written warning any further repetition or further breach in relation to conduct or performance will usually result in dismissal with contractual notice, after a disciplinary hearing.
GROSS MISCONDUCT
Certain aspects of behavior, conduct and performance, will construed as gross misconduct and this term as the name implies involves conduct which partially serious in its self or in its consequences. In such cases it is considered inappropriate to allow you to continue at work and the only proper penalty summery dismissal which means summery dismissal after a disciplinary hearing with the forfeiture of any right to notice of termination, or payment of lieu of notice.
WE RESERVE THE RIGHT TO DEAL WITH EVERY CASE ENTIRELY ON ITS MERITS BUT IN RETURN WE UNDERTAKE THAT WE WILL ALWAYS SEEK TO CONDUCT THE DISCIPLINARY PROCEDURE REASONABLY, FAIRLY AND CONSISTENTLY.
EXAMPLES OF ACTS OF GROSS MISCONDUCT
You are liable to summery dismissal (i.e. without notice, or payment in lieu of notice) followings a disciplinary hearing, if you are considered to have acted in any of the following ways: - (Please note this is not an exhaustive list.)
Deliberate, or serious breaches of conduct standard/rules and regulations;
Theft of money, or property, whether belongings to the business, a fellow member of staff, or a third party associated with the business;
Any action which can be construed as intent to defraud/deceive;
Being under an influence of intoxicants, drugs, or other substances;
Fighting, or physical assault, or abusive/threaten behavior;
Grossly indecent, or immoral, behavior;
Willful refusal to carry out a legitimate management instruction;
Deliberate or serious breach(es) of the health and safety rules;
Carrying out private work on the premises and/or in working hours, without express permission;
Deliberate damage, destruction, or sabotage, of our property, or any property belonging to a fellow member of staff, or a third party associated with the business;
Discriminatory conduct or harassment;
Deliberate, or serious, breach (es) of computer/software/e-mail/internet, rules and procedures.
2. DISCIPLINARY INVESTIGATIONS AND HEARINGS
When a matter arises which we consider can be properly dealt with on an informal basis this would be our proffered approach. This is particularly the case where a matter relating to your abilities arises and which we believe can be resolved by discussion, training or counselling. However if there is no improvement after a suitable period of time has been allowed or training undertaken, the matter may have to be dealt with more formally.
In the event of a matter arising where it is considered necessary to invoke the disciplinary procedure, we will first seek to establish the true facts of the case and this will be done before memories and recollections fade. Other members of staff involved in this investigation will be required to cooperate fully with the procedure.
On certain occasions it may be considered prudent or necessary to suspend you without pay pending on the conclusion of any investigation and subsequent hearing. Further clauses within this section will indicate the level of authority vested in management levels within the business. It must be noted that suspension without pay and is only seen in temporary measure intended to assist in the proper conduct of the disciplinary process, and is not a pre-judgement of that process. The authority to suspend with pay is vested in the director.
If, following initial investigations it is considered there is a case to answer then a disciplinary hearing will be established as soon possible. It should be noted at the hearing you may be accompanied by a fellow member of staff by your choice.
The nature of the disciplinary matter will be explained to you in as much detail as possible and you will have every opportunity to present your case in full, to call any witnesses you would feel appropriate and to present any writing evidence. If you require further time to prepare your case we may postpone the hearing to a later date but normally only one adjournment will be granted. If your version of events so requires will undertake such further investigation as maybe considered appropriate in order to establish the credibility of your explanation and the result of these investigations will be put to you before any final decision is made.
At the conclusion of the hearing if you accept that the matters raised against you are correct, or if a decision is made against you, then before any penalty is imposed we will give you an opportunity to put forward any mitigating circumstances you feel maybe relevant.
At that time there will be a verbal explanation of the decision and this will then be confirmed in writing to you. Your right to appeal against either the findings and/or the penalty to be imposed will also be explained to you verbally and in writing.
3. DISCIPLINARY ACTION
DISMISSAL
Contractual dismissal for misconduct will result in the termination of your contract with no notice.
DEMOTION
We reserve the right to consider your demotion if your conduct or capability has given us reason to believe that you are unsuitable to remain in your present position.
SUSPENSION WITHOUT PAY
In circumstances where we feel we have sufficient grounds to warrant dismissal the mitigating circumstances taken into account may cause us to step back from deciding to dismiss and an alternative to dismissal could well be suspension without pay for a period. In such circumstance this disciplinary action could be coupled with, for example a final written warning but full details will be made known to you either at the conclusion of the disciplinary hearing, or as soon as possible thereafter.
WARNINGS
All warnings, including verbal warnings, will be confirmed in writing and will be sent to you and recorded on your file and will contain details of all matters raised during the disciplinary hearing. A summary of all interviews, and your explanations and the final conclusions reached.
Warnings for matters connected with capability or performance will indicate a period of time for improvement and may contain certain recommendations for further training or counselling. Warnings for conduct May require that there is either immediate improvement, and/or that there is no repetition of the offence.
Any further disciplinary process which takes place after a previous warning is likely to result in a more serious penalty being imposed, even if the second offence is of a different nature to the previous one, particularly where there is evidence that the first warning has not been heeded.
Warnings will include confirmation of your right of appeal.
DURATION OF WARNINGS
VERBAL WARNINGS
A verbal warning will be disregarded after 6 month period.
WRITTEN WARNINGS
A written warning will be disregarded after a 12 month period.
FINAL WRITTEN WARNING
A final written warning will be disregarded after a 12 month period.
We reserve the right to increases the above period if the offence committed is particularly serious or if it is an offence which might be repeated periodically.
4. DISCIPLINARY AUTHORITY
All disciplinary action will be authorised by a director(s) but will be advised by a superior member of staff regarding the matter.
5. DISCIPLINARY APPEALS PROCEDURE
At the end of a disciplinary hearing, you will be informed both verbally and in writing of your right of appeal, including the name of the person to whom your appeal should be made.
If you decide to appeal, you must give written Notice of Appeal to the nominated person. The notice must be received within 5 working days from the day on which you received the written confirmation of the disciplinary hearing decision.
The notice of appeal must state whether against the conduct of the disciplinary hearing, its finding, and the penalties imposed, or a combination of these factors and the supporting reason of your appeal.
Our aim in providing an appeal system is to ensure that you have the facility for a complete reappraisal of the facts and procedures and to reconsider the soundness of the earlier decision.
The Appeal Hearing will be conducted by a person who has not been involved in the disciplinary process, so that the original disciplinary hearing can be examined to establish whether the hearing was a full and through airing and examination of all the facts/evidence, proper procedures were observed, the findings were fair and reasonable and the penalty imposed properly reflected the gravity of the offence and any mitigating factors were fully considered.
The format of an Appeal Hearing will be an opportunity for you to present your supporting reasons as to why you believe the disciplinary action taken is either unfair, or too harsh. You may submit any appropriate evidence and call any appropriate witness on your behalf.
At an Appeal Hearing, you are again entitled to be accompanied by a work colleague of your choice.
The findings, decision and outcome of the Appeal Hearing, will be confirmed to you in writing.
6. GRIEVANCE PROCEDURE
We know that problems and tensions can arise between people at work and that if such issues are not dealt with and resolved quickly, they may well get worse rather than better. Accordingly, we have established our Grievance Procedure, the use of which is open to you at any time. The purpose of the procedure is firstly to allow you freely to express a complaint or matter of concern and then, to try and resolve the issue raised by means of a discussion and agreed solution.
The procedure is not intended to prevent minor, day to day issued being resolved informally by means of brining the matter to the attention of your supervisor/manager without written record.
However, should you wish to have a grievance formally investigated and recorded, you must submit your grievance in writing, giving full details of the matter. This should be addressed to your manager who will then arrange a meeting to discuss the matter.
If the matter is not satisfactorily resolved at this point, you should appeal in writing to hr@egssltd.co.uk, who shall be the final arbiter in this procedure.
7. CONFIDENTIAL REPORTING POLICY
We have put in place a confidential reporting system which is available to everyone irrespective of length of service or the position they hold with us. We trust you will not need to use the process; however, you should be aware of its availability and purpose.
The main purpose of the system is to provide you with ready access to a safe and effective means of reporting any matters regarding the business and/or its staff, no matter how serious, in the full knowledge that the report will be dealt with the strictest confidence and you will be protected against any detriment.
Should you discover a situation which you feel would be best dealt with by means of this policy, the decision to which you report is a matter for you. However, your choice of to whom you make the report and their position and seniority within the company will be respected, and you are assured of your protection and confidentiality.
We will support anyone who makes a confidential disclosure and protect them from reprisals or victimisation. If you come forward with a concern, you can be confident that your employment will in no way be affected. This applies equally if anyone comes forward in good faith with a concern which turns out later not to have been justified.
If anyone tries to discourage you from coming forward to express a concern, we will treat this as a serious disciplinary offence. In the same way, anyone who criticises, or victimises, you, after a concern has been expressed will be dealt with under the disciplinary process.
It is acknowledged that it is never easy to report a concern, particularly one which may relate to an unlawful act. However, you are urged to come forward with any concerns at the earliest opportunity, so that matters can be dealt with promptly and effectively, before problems get out of hand.
8. LAY-OFF PROCEDURE
If due to a temporary shortage of work, it becomes necessary to place you either a short time or lay you off without pay, such as action will be taken in accordance with the Zero Hour Contract legislation.
9.PAYMENT AND WORKING HOURS PROCEDURE
Our working month is from the 1st of the month until the last day of the month - payment will then be made on the last working day of the following month. your payslip will be sent via the email address you provided on your application form unless you have sent an email to hr@egssltd.co.uk stating otherwise.
10. TERMINATION OF EMPLOYMENT
Upon exiting employment you are not permited to work for any of EGSS's clients directly for a minimum of one year, legal action maybe taken againts you unless it has been authorised. All property of EGSS must be handed back to a senior manager.
11.ALTERATIONS AND MODIFICATIONS TO THIS HANDBOOK
We reserve the right to make reasonable alterations to this handbook and any other Term and conditions of service. Minor changes of detail, such as to procedure may be done via a general notice to you. Significant alterations will only be implemented following consultation with those affected.
Date Modified: 07/04/2015
DECLARATION
I hear by confirm that I have read/been read to of this handbook given to me and I fully understand all procedures and responsibilities given to me and fully understand my job role.