We are committed to maintaining constructive relations with all of our employees. When a misconduct or performance issue arises, our disciplinary procedure provides a transparent framework to help us treat everyone consistently and fairly. It’s a non-contractual procedure, which means we’re not obliged to follow it in all circumstances. However, in the event that your conduct or performance falls below the required standard, we will normally adopt these procedures.
General points
- We may implement this procedure at any stage if your conduct warrants such action.
- We won’t take disciplinary or dismissal action without prior investigation.
- Details of all proceedings, witness statements and records will be kept confidential unless required to be disclosed by law.
- We will deal with issues promptly and will not unreasonably delay meetings, decisions or confirmation of our decisions.
- Our disciplinary procedures are based on the Acas Code of Practice.
Informal procedure
In the first instance a member of our team will carry out an investigation to establish the facts surrounding the matter. For example, they may request a meeting with you, speak to anyone involved at your recruitment agency or workplace, or collate evidence of your alleged misconduct.
If the member of our team considers that it is not necessary to proceed to the formal procedure, we will discuss the matter with you, perhaps suggesting areas for improvement. The counselling discussion will, insofar as it is possible, be in private and you will be informed that no formal disciplinary or dismissal action will be taken.
Formal procedure
If the person conducting the investigation considers that it is necessary to invoke the formal disciplinary procedure, they will inform you. Where possible, a different member of staff will take over from the person who did the investigation. The following procedure will then apply:
1. Statement of grounds for action
We will set out in writing the alleged conduct or characteristics or other circumstances which led us to contemplate taking disciplinary action against you, and the possible consequences. We will send a copy of the statement to you along with copies of any written evidence and invite you to attend a meeting to discuss the matter.
We will remind you of your right to be accompanied by a work colleague or trade union representative or a certified official who is employed by a trade union at this meeting – please give us advance notice if you intend to bring a companion.
We will also let you know if we intend to call any witnesses.
If the time and date proposed is unsuitable for you or your companion, you may propose an alternative time that is not more than five working days after the date originally suggested.
2. Meeting
The meeting will take place before action is taken, except in the case where the disciplinary action consists of suspension. It will take place as promptly as possible while giving you reasonable time to prepare your case. You must take all reasonable steps to attend the meeting. If you are persistently unable or unwilling to attend without good cause, we will make a decision on the evidence available.
At the meeting, you will be allowed to set out your case and answer any allegations that have been made. You will be given the opportunity to ask questions, present evidence and call witnesses if relevant. You may also raise points about any evidence provided by witnesses.
If you have brought a companion, they will also be allowed to address the hearing to explain your case and respond to any views expressed at the meeting. You may confer with them during the hearing. Your companion cannot answer questions on your behalf.
After the meeting, we will make a decision about whether disciplinary or any other action is appropriate. We will inform you of this decision as promptly as possible and notify you of the right to appeal against the decision if you are not satisfied with it.
3. Appeal
If you disagree or are unhappy with any formal disciplinary or dismissal action taken against you, you have the right of appeal. The appeal meeting need not take place before the dismissal or disciplinary action takes effect.
Should you wish to appeal, you must write to us to explain your grounds for doing so. If you’re unsure who to address your appeal to, check your statement of particulars.
You must do this within five working days of receiving written notice of the initial decision. Failure to lodge the written notice within that time period will be regarded as acceptance of the decision made in the disciplinary procedure and no further right of appeal will be available.
Where possible, your appeal hearing will be heard by a senior member of staff who has not previously been involved in your disciplinary procedure. It will take place within 10 working days of receipt of the written notice of appeal or as soon as practicable thereafter. We will notify you of the time and place in advance and you must take all reasonable steps to attend the meeting.
You will be given an opportunity to state your case. Once again you will have the right to be accompanied by a work colleague or trade union representative or a certified official who is employed by a trade union at this meeting – please give us advance notice if you intend to bring a companion.
The appeal officer will have the authority to overturn the decision or impose any other disciplinary penalty that they feel appropriate in the circumstances. A written decision stating the outcome of the appeal will normally be sent to you within five working days of the hearing. This decision will be final and binding.
Sanctions
We have a range of possible action available to us and will consider all the circumstances of your particular case before deciding what is reasonable and justified. Here’s what you should expect:
Formal verbal warning
In the case of minor offences you will be given a formal verbal warning. You will be advised that the warning constitutes the first formal stage of the disciplinary procedure. The nature of the offence, the reason for the warning and the likely consequences of further offences or a failure to improve will be explained. You will also be advised of your right of appeal. A note of the formal oral warning will be kept in your personnel file and you will be advised how long it will remain current.
First written warning
If you fail to improve or continue to breach your contract of employment or we consider your conduct to be too serious for a verbal warning, a written warning will be issued.
The written warning is likely to include:
- the complaint/infringement
- the improvement required and the period allowed for improvement
- what further disciplinary or dismissal action will be taken should you not respond to the warning
- the right of appeal and the person to whom you should appeal
- how long the warning will remain current
A copy of the warning will be kept in your personnel file
Final written warning
Should you continue with the breach following the written warning, or if your first offence is sufficiently serious in our opinion to merit it, then we may issue a final written warning. The final written warning is likely to include:
- the complaint/infringement
- the improvement required and the period allowed for improvement
- the fact that a failure to improve may lead to dismissal
- the right of appeal and the person to whom you should appeal
- how long the warning will remain current
A copy of the warning will be kept in your personnel file.
Dismissal
You may be dismissed for breach of a final written warning or where we consider that your conduct is sufficiently serious to warrant dismissal (in such instances your behaviour is likely to amount to gross misconduct). This decision will only be taken by a manager who has the authority to do so.
If, following the meeting, we decide to dismiss you, then the decision to dismiss will be given to you as soon as possible in writing stating:
- the nature of the offence
- the reason for the dismissal
- the period of notice of dismissal (if any)
- when the dismissal will take effect
- the right of appeal and to whom the appeal should be made
Remember that we are not obliged to impose any sanctions in a set order. Therefore, if we consider that your offence merits a final written warning or dismissal, we may impose that sanction without first having issued a written warning, etc.
Length of warnings
Verbal warnings will usually last for six months, after which time they will be removed from your personnel record. Written warnings will usually last for one year, after which time they will be removed from your record. We reserve the right to extend the warning in appropriate circumstances.
Gross misconduct
If we consider that your behaviour is so serious as to amount to gross misconduct then you may be dismissed summarily without notice. In that instance, you will not receive any payment in lieu of notice.
The following types of behaviour are likely to constitute gross misconduct and will normally be dealt with by way of summary dismissal. However, the list given below is not exhaustive:
- Physical violence, actual or threatened
- Any form of discrimination or harassment
- Theft, attempted theft or other offence
- Malicious damage to property
- Falsification of records, particulars of job application, time sheets, vehicle log sheets, expense claims and/or relevant documents
- Facilitation of tax evasion
- Consumption of alcohol or drugs or other illegal substances or being under the influence of alcohol, drugs or other illegal substances on our premises or a premises belonging to your recruitment agency or workplace
- Involvement in activities likely to endanger employees’ safety
- Misuse or unauthorised use of computer equipment
- Working for or assisting a competitor of ours, your recruitment agency or workplace
- Deliberate and serious breaches of confidence in relation to our or our customers’ affairs or those of your recruitment agency or workplace (subject to the Public Interest (Disclosure) Act 1998)
- Gross negligence
- Insubordination, including insolence or failure to carry out instructions or disregard of duties or instruction
- Conviction of a criminal charge which, in our opinion, makes you unsuitable to carry out your duties
- Serious breach of rules or any policy or procedure given to you by us, your recruitment agency or workplace
Suspension
If appropriate, we may suspend you with pay while any investigation takes place. This period will be kept as brief as possible and is not considered a disciplinary action. During any period of suspension you will not be entitled to enter our premises, a premises belonging to your recruitment agency or any workplace under our employment without authorisation.