disc ex perf proc

The Company requires high standards of job performance from you. Failure to observe these standards will result in fair and consistent disciplinary action primarily aimed at helping you maintain the required standards or if appropriate legitimising any contractual variation or termination which results from disciplinary measures.

Performance Improvement will be dealt with by a four stage procedure as detailed below. In cases of serious under-performance Stage 2 Formal Measures may be initiated without reference to Stage 1 Informal Measures.

Stage 1. Informal Measures

Where appropriate and normally before the formal procedure is initiated, the Company will attempt to resolve unsatisfactory conduct by giving individuals an oral warning and informal help (e.g. additional training and/or supervision). Such a warning will take place after an informal meeting has been held between you and your manager. At that meeting the nature of the under-performance will be discussed with you and details given of the change in behaviour expected.

Stage 2. Formal Performance Measures

If informal measures fail to produce improvement formal steps may be instituted. You will be given written notice of a hearing to consider your performance together with details of the under-performance. The hearing will be with your manager plus one other manager, you may bring a work colleague or trade union official to assist you make your case. The time of the hearing will be fixed to give you time to consider the complaint. The objective of the hearing will be to:

Identify the areas in which your performance is unsatisfactory and the reasons for this
Clearly establish standards to be met
agree timescales for improvement
agree any further steps that may be taken to improve matters, including the support that the Company will provide
set a review date.

If the under-performance is confirmed during the Stage 2 hearing you will be advised in writing of the nature of the under-performance in a first written warning.

Stage 3. Formal Performance Measures Second Review

If improvement is not achieved in accordance with Stage Two, a Stage Three Review will take place. In advance of that review you will be advised in writing of the reasons for continued dissatisfaction with your conduct, that the review is a final one and failure to improve may jeopardise continued employment with the Company.

The outcome of the Stage Three Review will be summarised in writing and communicated. It will include a statement to the effect that this is the second and final performance warning and that continuing failure to improve may lead to contractual sanctions.

Stage 4. Final Performance Review

If improvement is not achieved in accordance with Stage Three, a Stage Four Review will take place. In advance of that review you will be advised in writing of the reasons for continued dissatisfaction with your conduct, that the review is a final one and failure to improve may jeopardise continued employment with the Company.

If the Stage Four Review confirms that the unsatisfactory performance has continued then your employment may be terminated or other contractual sanctions imposed.

Right To Be Accompanied

In the Formal Stages 2 -4 you may be accompanied by a fellow employee or trade union representative to assist you present your case. During the disciplinary hearing you will be given reasonable opportunity to question the issues raised and to give an explanation.

Appeals Procedure

You may appeal against any decision in Stages 2-4. The request for an Appeal should be communicated in writing to your Manager within 48 hours of the written hearing decision being communicated to you. Appeals from disciplinary hearings will be held by a Director. The decision on an Appeal will be final. An appeal may result in:

Confirmation of the original decision
Reduction in the penalty imposed
Quashing of the original decision
Increase of the original penalty.

Contractual Sanctions

Where the circumstances warrant, the Company reserves the right to suspend you on full pay whilst disciplinary matters are investigated and if an appeal is lodged to suspend with or without pay.

The outcome of Stage 4 of the Disciplinary Procedure may be the imposition of contractual sanctions with or without notice. Such sanctions may include a reduction in remuneration, removal of benefits provided under the contract, demotion, suspension without pay or termination of your contract of employment. Such sanctions will not affect acquired pensions benefits.