Disciplinary procedure - Staff employment handbook

The Company requires high standards of job performance and 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.

Where appropriate and normally before the disciplinary procedure is initiated, the Company will attempt to resolve unsatisfactory performance by giving individuals an oral warning and informal help (e.g. additional training and supervision). If informal measures fail to produce improvement the following formal steps may be instituted

Stage 1

Review of Poor Performance

This Stage will attempt to:

· identify the areas in which your performance is unsatisfactory and the reasons for this

· agree timescales for improvement and 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.

After the Stage One Review you will be advised in writing of the main areas for improvement and the timescales within which required standards must be met and this advice constitutes a first performance warning within this procedure.

Stage 2

Further Review of Poor Performance

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

The outcome of the Stage Two 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 3

Final Review of Poor Performance

If the standards required have not been met following the Stage Two Review and the final performance warning, you will be advised in writing that a Stage Three Review will take place.

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

At all stages in this procedure you may be accompanied by a fellow employee or trade union representative who is willing and able to attend. During the disciplinary hearing you will be given reasonable opportunity to question the issues raised and to give an explanation.

Misconduct will be dealt with by a similar three stage procedure . In cases of serious misconduct which are not gross misconduct the procedure will commence at Stage Two. Gross Misconduct will be dealt with at Stage Three.

In the case of Gross Misconduct this Agreement may be immediately terminated without notice. Examples of gross misconduct are:

These examples are not exhaustive or exclusive and offences of a similar nature will be dealt with under this procedure.

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 3 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 this agreement and your employment. Such sanctions will not affect acquired pensions benefits.

You may appeal against any decision as a result of a disciplinary hearing. The request for an Appeal should be communicated 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.

· quashing of the original decision with full restoration of any rights and remuneration lost; or