{"id":461475,"url":"\/disciplinary\/","layout":"standard","version":"2025-05-07T16:14:31.000000Z","blocks":[{"id":4336099,"type":"banner","published":1,"size":{"x":12,"y":0},"order":0,"items":[],"properties":{"type":{"id":104611659,"value":"slim"},"title":{"id":104611660,"value":"Disciplinary 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Procedure<\/strong><\/h2><p>14\/8\/2020\u00a0<\/p><p style=\"text-align:justify;\">\u00a0<\/p><h3><strong>1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Disciplinary procedure<\/strong><\/h3><p><strong><em>1.1.1\u00a0\u00a0\u00a0\u00a0 Purpose<\/em><\/strong><\/p><p>Whilst the Company does not wish to impose unreasonable rules of conduct on its employees, certain standards of behaviour are necessary to maintain good employment relations and discipline in the interest of all employees.\u00a0 The Company prefers that discipline be voluntary and self-imposed and in the great majority of cases this is how it works.\u00a0 However, from time to time, it may be necessary for the Company to take action towards individuals whose level of behaviour or performance is unacceptable.<\/p><p>With the exception of the section entitled \u2018alternative disciplinary sanction\u2019, this disciplinary procedure is entirely non-contractual and does not form part of your Employment Agreement.\u00a0<\/p><p>Minor faults will be dealt with informally through counselling and training.\u00a0 However, in cases where informal discussion does not lead to an improvement in conduct or performance or where the matter is considered to be too serious to be classed as minor, for example, unauthorised absences, persistent poor timekeeping, sub-standard work performance, etc the following disciplinary procedure will be used.\u00a0 At all stages of the procedure, an investigation will be carried out.<\/p><p>\u00a0<\/p><p><strong><em>1.1.2\u00a0\u00a0\u00a0\u00a0 Disciplinary Hearing<\/em><\/strong><\/p><p>The Company will notify you in writing of the allegations against you and will invite you to a disciplinary hearing to discuss the matter.\u00a0 We will provide sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare to answer the case.\u00a0 This will include the provision of copies of written evidence, including witness statements, where appropriate.<\/p><p>Having given you reasonable time to prepare your case, a formal disciplinary hearing will then take place, conducted by a manager, at which you will be given the chance to state your case, accompanied if requested by a trade union official, a trade union representative or a fellow employee of your choice.\u00a0 You must make every effort to attend the hearing.\u00a0\u00a0 At the hearing, you will be allowed to set out your case and answer any allegations and will also be given a reasonable opportunity to ask questions, present evidence, call relevant witnesses and raise points about any information provided by witnesses.<\/p><p>Please note that it is prohibited for anyone to record (whether covertly or otherwise) the proceedings at the disciplinary hearing, and at any appeal hearing, without the express permission of the Company.\u00a0 If the Company discovers that you have done this covertly, you could be subject to further disciplinary action.<\/p><p>Following the hearing, the Company will decide whether or not disciplinary action is justified and, if so, you will be informed in writing of the our decision in accordance with the stages set out below and notified of your right to appeal against that decision.\u00a0 It should be noted that your behaviour is not looked at in isolation but each incident of misconduct is regarded cumulatively with any previous occurrences.<\/p><p>\u00a0<\/p><p><strong><em>1.1.3\u00a0\u00a0\u00a0\u00a0 The Disciplinary Stages<\/em><\/strong><\/p><p><strong>Stage 1: Written warning<\/strong>\u00a0<\/p><p>If your conduct or performance is unsatisfactory you will be given a formal WRITTEN WARNING.\u00a0 You will be advised of the reason for the warning, how you need to improve your conduct or performance, the timescale over which the improvement is to be achieved, that the warning is the first stage of the formal disciplinary procedure and the likely consequences if the terms of the warning are not complied with.\u00a0 The written warning will be recorded but nullified after six months, subject to satisfactory conduct and performance.<\/p><p><strong>Stage 2: Final written warning<\/strong><\/p><p>Failure to improve performance in response to the procedure so far, a repeat of misconduct for which a warning has previously been issued, or a first instance of serious misconduct or serious poor performance, will result in a FINAL WRITTEN WARNING being issued.\u00a0 This will set out the nature of the misconduct or poor performance, how you need to improve your conduct or performance, the timescale over which the improvement is to be achieved and warn that dismissal will probably result if the terms of the warning are not complied with.\u00a0 This final written warning will be recorded but nullified after twelve months, subject to satisfactory conduct and performance.<\/p><p><strong>Stage 3: Dismissal<\/strong><\/p><p>Failure to meet the requirements set out in the final written warning will normally lead to DISMISSAL with appropriate notice.\u00a0 A decision of this kind will only be made after the fullest possible investigation.\u00a0 Dismissal can be authorised only by a senior manager or a Director.\u00a0 You will be informed of the reasons for dismissal, the appropriate period of notice, the date on which your employment will terminate and how you can appeal against the dismissal decision.<\/p><p><\/p><p><strong><em>1.1.4 Gross Misconduct<\/em><\/strong><\/p><p>Offences under this heading are so serious that an employee who commits them will normally be summarily dismissed.\u00a0 In such cases, the Company reserves the right to dismiss without notice of termination or payment in lieu of notice.\u00a0 Examples of gross misconduct include:<\/p><ul><li><p>Any breach of the criminal law, such as theft.<\/p><\/li><li><p>Any unauthorised possession or removal of Company products or property, or property belonging to another employee, client, customer or visitor, fraud (including making fraudulent or false expense claims), deliberate falsification of records, false declarations in connection with employment or applications for employment or any other form of dishonesty.<\/p><\/li><li><p>Using the Company\u2019s property, materials or equipment to carry out work for third parties on a personal basis without permission.<\/p><\/li><li><p>Misuse of Company benefits, such as improper use of a staff discount card.<\/p><\/li><li><p>Offering, promising or giving a bribe or requesting, agreeing to receive or accepting a bribe or bribing a foreign public official in connection with employment.<\/p><\/li><li><p>Wilfully or negligently causing harm or injury to another employee, client, customer or visitor, physical violence, assault, fighting, bullying or grossly offensive, abusive or aggressive behaviour or language.<\/p><\/li><li><p>Deliberately or negligently causing damage to the Company\u2019s property, or to property belonging to another employee, client, customer or visitor.<\/p><\/li><li><p>Vandalism of, or otherwise intentionally interfering with, the Company\u2019s computers or computer or telephone network.<\/p><\/li><li><p>Causing loss, damage or injury through serious carelessness or gross negligence.<\/p><\/li><li><p>Dereliction of duty, including sleeping whilst at work and undertaking unauthorised activities during normal working hours.<\/p><\/li><li><p>Wilful refusal to obey a reasonable management instruction or serious insubordination.<\/p><\/li><li><p>Serious incapacity at work through an excess of alcohol or illegal drugs, whether consumed on or off Company premises but which affects the employee\u2019s ability to carry out their job duties whilst at work.<\/p><\/li><li><p>Bringing illegal drugs or other illegal substances or items or weapons on to Company premises.<\/p><\/li><li><p>Smoking on Company premises, other than in designated outside smoking areas.<\/p><\/li><li><p>Logging on to sexually explicit websites, downloading or circulating pornographic or other offensive, illegal or obscene material or using the internet or e-mail for gambling, illegal activities or the sending of offensive e-mails to work colleagues (in the latter case, including from the employee\u2019s home computer in their own time).<\/p><\/li><li><p>Engaging in sexual activity on Company premises at any time.<\/p><\/li><li><p>Posting derogatory, offensive, discriminatory or defamatory comments online (for example, on social media websites) about the Company, its employees, clients or customers or otherwise conducting themselves online in a way that is detrimental to the Company or brings the Company into serious disrepute.<\/p><\/li><li><p>A serious breach of health and safety rules, including acts or omissions which endanger the safety of another employee, client, customer or visitor.<\/p><\/li><li><p>A serious breach of security rules.<\/p><\/li><li><p>\u00a7Discriminating against, harassing, bullying or victimising another employee, client, customer or visitor because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality and ethnic or national origins), religion or belief, sex and\/or sexual orientation.<\/p><\/li><li><p>A serious breach of confidentiality, including unauthorised access of computer and personnel records and communicating or leaking trade secrets or confidential information about the Company or its employees, clients or customers to third parties.<\/p><\/li><li><p>Working for a competitor without permission.<\/p><\/li><li><p>Engaging in an unauthorised activity which conflicts with the interests of the Company or its clients or customers.<\/p><\/li><li><p>Breaching copyright or any other proprietary interest belonging to the Company.<\/p><\/li><li><p>Knowingly breaking a legal requirement in connection with employment.<\/p><\/li><li><p>Bringing the Company into serious disrepute, even if done in the employee\u2019s own time.<\/p><\/li><li><p>Unauthorised absence, including failure to return from a period of annual leave or other approved leave of absence.<\/p><p><\/p><\/li><\/ul><p>The above is intended as a guide and is not an exhaustive list.<\/p><p>\u00a0\u00a0<\/p><p><strong><em>1.1.5\u00a0\u00a0\u00a0\u00a0 Alternative disciplinary sanction<\/em><\/strong><\/p><p>As an alternative to issuing a final written warning or as an alternative to dismissal, the Company reserves the right to demote you.\u00a0 This will be confirmed in writing, and will give details of any reduction to salary and\/or loss of benefits arising from the demotion.<\/p><p>Where demotion is used as an alternative to summary dismissal for gross misconduct, the Company may also issue you with a final written warning.<\/p><p>\u00a0<\/p><p><strong><em>1.1.6\u00a0\u00a0\u00a0\u00a0 Suspension<\/em><\/strong><\/p><p>In the event of serious or gross misconduct, you may be suspended while a full investigation is carried out.\u00a0 Such suspension will be on full basic pay.\u00a0 Suspension is a neutral act, which does not imply guilt or blame, and will be for as short a period as possible.\u00a0 Suspension is not considered a disciplinary action.<\/p><p>\u00a0<\/p><p><strong><em>1.1.7\u00a0\u00a0\u00a0\u00a0 Appeals<\/em><\/strong><\/p><p>You may appeal against any disciplinary decision, including dismissal, to a Director of the Company within five working days of the decision.\u00a0 Appeals should be made in writing and state the grounds for appeal.\u00a0<\/p><p>We will then invite you to an appeal hearing chaired by a senior manager or a Director.\u00a0<\/p><p>At the appeal hearing, you will again be given the chance to state your case and will have the right to be accompanied by a trade union official, a trade union representative or a fellow employee of your choice.<\/p><p>Following the appeal hearing, the employee will be informed in writing of the results of the hearing.\u00a0 The Company\u2019s decision on an appeal will be final.<\/p><p>\u00a0<\/p><p><strong><em>1.1.8\u00a0\u00a0\u00a0\u00a0 Employees with short service<\/em><\/strong><\/p><p>\u00a0This disciplinary procedure does not apply to any employee who has been employed by the Company for less than two years.<\/p><p>\u00a0<\/p><p><strong><em>1.1.9\u00a0\u00a0\u00a0\u00a0 External Professional Support<\/em><\/strong><\/p><p>Where it feels it is appropriate, the Company may rely on external professional support to hear disciplinary and\/or appeal hearings.\u00a0 This will notified in advance of any 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