disc ex proc

The Company requires high standards of work conduct 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.

Misconduct will be dealt with by a four stage procedure as detailed below. In cases of serious misconduct which are not gross misconduct the procedure will commence at Stage Two or Three. Gross Misconduct (see below) will be dealt with at Stage Four.

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 misconduct will be explained to you and details given of the change in behaviour expected.

Stage 2. Formal 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 conduct together with details of the misconduct. 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 conduct is unsatisfactory and the reasons for this
Clearly establish standards to be met; and
agree any further steps that may be taken to improve matters, including the support that the Company will provide.

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

Stage 3. Formal 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 Conduct 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.

Gross Misconduct

In the case of Gross Misconduct a Stage 4 Final Conduct Review may take place. The outcome of such a review may be the termination of your contract of employment immediately and without notice.

Examples of gross misconduct are:

Assault or threatening behaviour
fraud
conduct which brings the Company's name into disrepute
negligent or deliberate breach of confidential information or data
gross negligence or dereliction of duties
the negligent loss of confidential client or Company information
the negligent loss of company property
breach of the Company’s procedures on email, internet or computer security
unauthorised possession of company property
removal of company property from the premises without authorisation
racial abuse or conduct likely to promote racial animosity
harassment or discrimination
abuse of drugs or alcohol affecting your work performance
failure to comply with health and safety legislation
breach of trust.

This is not an exhaustive or exclusive list and offences of a similar nature will be dealt with under this procedure.

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.