Date June 2004
Concept Joinery Ltd. wishes to ensure that any complaints
about unsatisfactory work or conduct are resolved as
quickly and with as much fairness as possible and to
this end have established a Disciplinary Procedure.
This procedure applies to all employees. It is designed
to help and encourage all employees to achieve and maintain
standards of conduct, attendance and job performance.
Should the standards of conduct, attendance and/or
job performance of an employee fall below the
expectations of Concept Joinery Ltd., this procedure
will be used in an attempt to effect improvement.
Responsibilities
It is the responsibility of the Management of Concept
Joinery Ltd. to explain clearly all requirements regarding
standards of conduct, attendance and job performance
and adherence to policy and to ensure that these are
updated and issued to all employees .
Principles
At any stage in this procedure the employee will
be informed by their supervisor of the nature of the
complaint against her/him and will be given the opportunity
to make her/his case before any decision is made. The
notice of any meeting under this procedure must tell
the employee the nature of the complaint being made.
No disciplinary action will be taken against an employee
until the case has been fully investigated. It
may prove necessary to place an employee on suspension
until such investigations are carried out. Suspension
will be notified to the employee in writing and will
not normally exceed a period of 10 working days without
review. In exceptional circumstances the period
of suspension may be extended to allow full investigation
to take place. Any such extension will also be
notified to the employee in writing. During such
a suspension the employee will be paid at a rate equivalent
to her/his contractual earnings.
No employee will be dismissed for a first breach
of discipline except in the case of gross misconduct
when the penalty will normally be summary dismissal,
i.e. dismissal without notice or wages in lieu of notice.
At all stages of the procedure, the employee will
have the right to be accompanied/represented by her/his
trade union representative or fellow employee of her/his
choice. Any mitigating circumstances will be taken
into account in reaching a decision.
Any employee will have the right of appeal against
any disciplinary penalty imposed.
In appropriate cases (e.g. poor performance), an
employee will be advised in writing of the time allowed
for improvement and when and how reviews will take place.
The employee will have the right of appeal against
the time allowed for improvement.
The procedure may be initiated at any of the stages
1-4, depending on the seriousness of the employee's
alleged misconduct.
No disciplinary decision will be taken against a
trade union representative until discussions have taken
place with a full-time official of the union.
Only when all reasonable efforts have been made to
assist an employee will disciplinary action be taken.
The procedure will be operated within the agreed
time-scales. Responsibility to maintain confidentiality
lies with all parties involved.
Informal Procedure
It is Concept Joinery Ltd.'s aim to encourage acceptable
standards of conduct and performance. Every effort
will be made to deal with minor problems through informal
discussion and supervision in order to avoid the need
to implement the formal procedure.
The supervisor will arrange for provision of support,
practical assistance and/or training as appropriate
to ensure that acceptable standards of work performance
and behaviour are met.
When the informal procedure outlined fails, or the
matter is more serious, the following formal procedure
will be used.
Formal Procedure
Stage 1 - Verbal Warning
If performance or conduct is not considered satisfactory,
and where (if appropriate) the informal procedure has
established this to be within the employee's control,
the employee will be interviewed by the line manager
and given the opportunity to explain her/his actions.
If the explanation is not satisfactory, a formal
verbal warning will be given and recorded in the employee's
personal file. The record must identify shortcomings,
the standard of conduct and/or performance required
and give a specific time in which improvement must be
made. It must be conveyed verbally and confirmed in
writing.
The employee will be informed in writing of the right
of appeal.
Stage 2 - First Written Warning
If there is no improvement in the standard of conduct/performance
following a review within the period specified for Stage
1, or where the seriousness of the alleged offence warrants
immediate recourse to this stage of the procedure, the
employee will be interviewed by the designated person
and given the opportunity to explain her/his actions.
If the explanation is not satisfactory, a First Written
Warning will be issued. The First Written Warning
should fulfil the following conditions:
- it should state clearly the nature of the offence
- if appropriate, it should state that repetition
of the offence or commission of further offences may
lead to further disciplinary action
- it should specify any agreed action required of
both parties, including time-scales for improvement
and methods of reviewing progress, and
- the employee will be informed in writing of the
right of appeal.
The warning will remain confidential to the employee,
any representative of the employee, and the Personnel
Manager. It will be filed in the employee's personal
file.
Stage 3 - Final Written Warning
If there is no improvement in the standard of conduct/performance
following a review at the end of the period specified
for Stage 2, or where the seriousness of the alleged
offence warrants immediate recourse to this stage of
the procedure, the employee will be interviewed by the
designated people and given the opportunity to explain
her/his actions.
If the explanation is not satisfactory, a final written
warning will be issued. The final written warning should
fulfil the following conditions:
- it should state clearly the nature of the offence
- if appropriate, it should state that repetition
of the offence or commission of further offences may
lead to further disciplinary action
- it should outline any agreed action required of
both parties, including timescales for improvement and
methods of reviewing progress, and
- it should make clear that, if there is no or insufficient
improvement in performance or conduct after the period
specified, it may result in dismissal.
- the employee will be informed in writing of the
right of appeal.
The warning will remain confidential to the employee,
any representative of the employee, the Director and
the Chair of the Employment Sub Group. It will be filed
in the employee's personal file.
Stage 4 - Dismissal
If there is still no sustained improvement in the
standard of conduct/performance whilst a final written
warning remains live. or if any new offence occurs whilst
a final written warning remains live, or if there is
any allegation of gross misconduct, the employee will
be interviewed by the designated people.
If an acceptable explanation is not forthcoming,
dismissal will normally result, with or without notice
as appropriate.
The employee will be provided, as soon as is reasonably
practicable, but within five working days, with written
reasons for dismissal, the date on which employment
will terminate and the right of appeal.
In cases of gross misconduct dismissal may be without
notice or payment in lieu of notice.
Types Of Offences
The following are examples of the various categories
of misconduct and/or poor performance, but the lists
are not exhaustive.
Misconduct - action taken at Stage 1 and/or Stage
2 of procedure
a) poor time-keeping (repeated lateness or early
leaving)
b) failure to notify promptly reasons for absence
in accordance with procedures
c) smoking in designated No Smoking areas
Serious Misconduct - action taken at Stage 3 of procedure
a) breach of confidence not amounting to gross misconduct
b) unauthorised absence
c) wilful breach of Health and Safety Regulations
Gross Misconduct - action taken at Stage 4 of procedure
a) theft from Concept Joinery Ltd. or its employees
or clients
b) fighting, threatening or assaulting another employee
or a client
c) incapacity for work due to being under the influence
of alcohol or illegal drugs
d) fraudulent wage claims or falsification of records
e) gross insubordination
f) harassment of another employee, volunteer or client
of Concept Joinery Ltd. whether of a sexual, racial
or otherwise offensive nature
g) breach of confidence
h) wilful destruction of Concept Joinery Ltd. property
and/ or equipment
i) wilful breach of Health and Safety Regulations
j) wilful breach of legislation or the Concept Joinery
Ltd.'s policies on equal opportunities, sex, race and
disability discrimination.
Duration Of Warnings
Stage 1 - Verbal Warning - Will remain on the employees
personal record for 3 months
Stage 2 - First Written Warning - Will remain on
the employees personal record for 6 months
Stage 3 - Final Written Warning - Will remain on
the employees personal record for 2 years
Appeals
An employee has the right of appeal against any aspect
of disciplinary action and penalty. The employee
will be advised of the right of appeal and the right
to representation at the appeal. Details of how
and when to exercise this right of appeal will be given
when the warning is issued.
Any appeal should be made in writing to the Personnel
Manager within 7 working days of receiving the decision
against which the employee is appealing.
The Personnel Manager will convene an Appeal Board
hearing within 20 working days of receipt of the letter.
The Appeal Board will consist of three individuals nominated
by the Personnel Manager. No individual involved
in the original disciplinary decision may be involved
in the Appeal Board hearing, except to give evidence.
The following information will be provided to the
appellant in writing:
- the venue where the hearing will take place
- the time and date of the hearing
- the right to representation, and
- the names of those hearing the appeal and any others
expected to be present.
Time-scales and Notice
Employees have the right to 5 working days notice
in writing of any meeting called under this procedure.
Any meeting under this procedure must take place
as soon as possible, but within 20 working days of the
date of the first notice.
Any Appeal Board hearing will take place within 20
working days of receipt of the appeal being lodged.
© Lee Hallard Building Services (Concept Joinery Ltd.
T/a) 2004
Policy Stmt Disciplinary2004.wpd
|