1. GENERAL PRINCIPLES

The following general principles will apply to the Disciplinary, Dismissal and Grievance Procedures
 Each step and action will be taken without unreasonable delay. Please be aware that
timelines may vary to those set out in this policy, due to (for example) the volume or
complexity of the allegations being considered, or the availability of appropriate members of
staff to conduct each stage of the process.

Whenever the employee is invited by the Company to attend a meeting, the employee must
take all reasonable steps to attend.

 At all stages of the procedure (except any investigation meetings) the employee will have
the right to be accompanied by a trade union representative or a work colleague of your
choice. If your choice of companion is unreasonable (e.g. because they are unavailable for a
prolonged period of time or because of a conflict of interest) the Company may ask you to
chose someone else. If your companion is unable to attend any such meeting you may
suggest an alternative date, provided it is within 5 working days of the original date.
 Timing and location of meetings must be reasonable.

Meetings will be conducted in a manner that enables both the Company and employee to
explain their case.

Meetings may be adjourned so that further investigation can be carried out in light of any
new points raised. Any new information obtained will be provided to you for consideration
before the meeting is reconvened.

 For appeal hearings following a decision the Company will as far as reasonably practicable,
be represented by a more senior manager than attended the first meeting (unless the most
senior manager attended that meeting).

Whenever the company or employee is required to send the other a statement, the original
or a copy will suffice.

 If you have difficulty at any stage of the procedure because of a disability please discuss this
as soon as possible with your line manager.

2. DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES

2.1 PURPOSE

The Disciplinary, Dismissal and Grievance procedures are designed to help and encourage all
employees to achieve and maintain appropriate standards of conduct, attendance and job
performance. The company rules and these procedures apply to all employees. The aim is to ensure
consistent and fair treatment for all in the organisation.

2.2 PRINCIPLES

No disciplinary action will be taken against an employee until the case has been fully
investigated. The amount of investigation required will depend on the nature of the
allegations and will vary from case to case.

The Company may suspend an employee with or without pay while an investigation takes
place. Such a suspension will be reviewed as soon as possible and will not normally exceed
10 working days. Suspension of this kind is not a disciplinary penalty and does not imply any
decision has been made about the allegations.

An employee will not be dismissed for a first breach of discipline except in the case of gross
misconduct (when the penalty may be dismissal without either notice or payment in lieu of
notice).

Misconduct will generally fall into two categories, namely “general” misconduct (in respect
of which the general disciplinary action procedure described below applies) and “gross”
misconduct, which is of so serious a nature that it justifies instant dismissal for a first
offence. Listed below are examples which would normally be considered to be either
general misconduct or gross misconduct. However, it should be recognised that neither list
can be regarded as complete to meet every case, and also that action described as general
misconduct may amount to and be treated as gross misconduct if the circumstances or the
manner of the misconduct are such as to warrant serious disciplinary action. These lists
should be regarded therefore as being illustrative rather than exhaustive.

2.2.1 Examples of “gross” misconduct:

Summary dismissal (i.e. dismissal without notice or pay in lieu of notice) may be necessary in
cases of gross misconduct. For guidance, the following are examples of the offences which
may be regarded as gross misconduct and will normally result in summary dismissal.

 

It is emphasised that this is not an exhaustive list:

o Unauthorised use or disclosure of confidential information or business matters relating
to the Company, its clients, temporary workers or applicants.
o Breach of the Data Protection Laws or the Company’s Data Protection Policy.
o Unauthorised amendments to the Company’s profile pages on any networking site or
Networking Site as defined in the Company’s Email, Telephone, Computer Facilities and
Social Media policy or website.
o Any prohibited use of the Company’s internet and email facilities as set out in the
Company’s Email, Telephone, Computer Facilities and Social Media Policy including in
particular any activities set out on sections 3.3, 4 and 5 of that policy.
o Acts of violence, including physical assault, unlawful discrimination, drunkenness, taking
of non-prescribed drugs in such a way as to impair the ability to carry out work or
conduct of any kind which endangers the health and safety of others.
o Any bullying or harassment of fellow employees, clients, candidates or any other person
including via the company’s facilities or any Networking Sites (as defined in the Email,
Telephone, Computer Facilities and Social Media Policy).
o A criminal offence committed at work other than a minor road traffic offence committed
in the course of the employment, or an offence committed outside work which is
incompatible with the employee remaining in the Company’s employment.
o Falsification of information or references on appointment.
o Theft or fraudulent activity.
o Unauthorised absence or gross negligence in the performance of duties.
o Breach of the Company’s Anti-Bribery and Corruption Policy.
o Breach of the Criminal Finances Act 2017.
o Any conduct tending to bring the Company, or the employee into disrepute or which
results in the loss of custom of a client, temporary or applicant or a loss of business.
o Working for or assisting a competitor of the company or seeking to establish a business
which is likely to compete with the company or divulging confidential information
concerning the company and its business.
o Serious insubordination or refusal to obey a lawful instruction in connection with the
employment.
o Deliberate and serious damage to property or causing any loss, damage or injury
through negligence.
o Serious misuse of the Company’s property or name.

2.2.2 Examples of “general” misconduct

The following may be regarded as reasons for disciplinary action in that they deviate from
accepted standards and constitute general misconduct. The employee’s first offence will
usually result in a written warning.

 

Repetition of offences following a warning could lead to a final written warning as appropriate. Thereafter any repetition will result in dismissal.

 

It is again emphasised that this is not an exhaustive list:

o Poor job performance.
o Poor time-keeping.
o Failure to comply with the conditions of your employment contract.
o Unseemly or disruptive conduct.

2.3 DISCIPLINARY ACTION

The following is the disciplinary action that may be taken against an employee in cases of
misconduct or unsatisfactory performance:

STAGE 1 – FORMAL WRITTEN WARNING

If an employee’s conduct or performance is unsatisfactory, they will be given a formal written
warning. This written warning will include the reason for the warning and a note that, if there is no
improvement after a specified period, a final written warning will be given. A copy of the written
warning will be given to the employee and a copy will be placed on their personnel file. The warning
will be disregarded after 6 months satisfactory service.

STAGE 2 – FORMAL FINAL WRITTEN WARNING

If following a written warning, conduct or performance remains unsatisfactory, or if a serious
incident occurs, a final written warning will be given making it clear that any recurrence of the
offence or other serious misconduct within a specified period will result in dismissal. A copy of the
written warning will be given to the employee and a copy will be placed on their personnel file. The
warning will then be disregarded after 12 months satisfactory service.

STAGE 3 – DISMISSAL OR OTHER SANCTION

If there is no satisfactory improvement in conduct or performance, or if further serious misconduct
occurs within 12 months, the final step in the procedure may be dismissal, either with or without
notice or payment in lieu of notice, or some other action short of dismissal such as disciplinary
suspension or transfer to another department or job. Stage 3 may also apply to any gross
misconduct (even if there are no active warnings on file) or any misconduct during your probationary
period.

2.4 DISCIPLINARY PROCEDURE

2.4.1 Informal Discussion

 

1. Minor breaches of discipline, misconduct, poor time-keeping, etc may result in an informal
discussion with the employee’s immediate superior.
2. Although an informal warning will not be formally recorded for the purposes of any future
disciplinary hearing, a note of the conversation may be kept on your personnel file.
3. It is expected that in most cases an informal discussion will resolve most difficulties. Where
an employee commits a more serious act of misconduct or fails to improve and maintain
that improvement with regard to conduct, behaviour or job performance, the formal steps
detailed below may be taken.

2.4.2 Formal Discussion
 

Step 1 - Written Statement

The Company will inform the employee in writing of the alleged conduct or characteristics, or other
circumstances, which lead the Company to contemplate dismissing or taking disciplinary action
against the employee. This shall be done promptly after becoming aware of the circumstances, and
the employee shall be invited to attend a meeting to discuss the matter, once any necessary
investigations have been conducted to establish the facts of the matter. The Company will provide a
copy of any relevant documents which will be used at the disciplinary meeting to the employee in
advance of the meeting.

Step 2 – Meeting

1. The meeting will take place before any action is taken, except in the case where the disciplinary
action consists of a suspension on full pay, in order to investigate the allegation.
2. The meeting will not take place unless:
o the Company has informed the employee of the ground or grounds for contemplating
disciplinary action or dismissal; and
o the employee has had a reasonable opportunity to consider his response to that
information.
3. The employee has the right to be accompanied at the meeting by a work colleague or a Trade
Union representative.

4. After the meeting, the Company will inform the employee in writing of its decision as soon as
reasonably possible (but normally within one week of the meeting) and notify him of the right
to appeal against the decision if he is not satisfied with it.

Step 3 – Appeal

1. If the employee does wish to appeal, s/he must inform the Company within 5 working days of
receiving the decision, and on doing so the Company will invite him/her to attend a further
meeting.
2. The appeal meeting may not necessarily take place before the dismissal or disciplinary action
takes effect but it will be arranged within a reasonable period of time.
3. The appeal will be dealt with by a more senior manager than at the Step 2 meeting. Where this
is not practicable, the company will hear the appeal and decide the case as impartially as
possible.
4. After the appeal meeting, the Company will inform the employee of its final decision in writing,
as soon as reasonably possible (but normally within one week of the meeting). The Company
may uphold or revoke the original decision or substitute a different penalty.
GRIEVANCE PROCEDURE
If an employee has a problem or concern about their work, working conditions or a relationship with
a colleague, they should aim to settle their grievance informally with their line manager.
If an employee’s grievance cannot be settled informally, or a formal approach is preferable, the
employee should raise it formally with management by following the procedure below.

Step 1 - Written statement

The employee must set out their grievance in writing and send this statement to your line manager
unless your grievance concerns your line manager in which case the grievance should be submitted
to the Director. Include facts, dates, a chronology and names of individuals, as appropriate. The
subject heading should be marked as “Formal Grievance”.

Step 2 – Meeting

1. The company will invite the employee to attend a meeting to discuss the grievance, normally
within 5 days, but longer where it is necessary to undertake an investigation to establish the
facts or it is otherwise impracticable.

 

2. The meeting will not take place unless:
o the employee has informed the Company of the basis for the grievance in writing; and
o the Company has had a reasonable opportunity to consider its response to that information

3. After the meeting the Company will inform the employee of its decision, as soon as reasonably
practicable (but normally within one week of the meeting), and the Company will notify the
employee of his right to appeal if he is not satisfied with it.

Step 3 - Appeal

If the employee does wish to appeal, he must inform Claire Dawson within 5 working days of
receiving the decision, and on doing so the company will invite him to attend a further meeting.
After the appeal meeting, the Company will inform the employee of its final decision as soon as is
reasonably practicable (but normally within one week of the meeting). The Company’s decision is
final.