Disciplinary Procedures
The employee may expect to be kept informed by their line manager or through the
Management Committee, whether their standard of performance of their job is reaching
satisfactory standard. If the employee is thought not to have been working to a satisfactory
standard, they may normally be expected to be notified of this, initially by their line manager
and to be given every opportunity to discuss the matter informally and a clear standard
statement of what improvements are sought in their work or conduct and over what period of
time.
If for any reason the disciplinary procedure has to be implemented thereafter for continued
unsatisfactory work or misconduct, or if the matter is felt serious that the procedure has to be
implemented immediately, then the following disciplinary principles, rules and disciplinary
stages shall be observed: Under the Statutory Dispute Resolution Procedures, failure by the
employer to follow these procedures could make any dismissal automatically unfair.
Principles
No disciplinary action will be taken against a worker until the case has been fully
investigated. Except for gross misconduct.
At every stage in the procedure the worker will be advised in writing of the nature of the
complaint against him or her and will be given the opportunity to state his or her case before
any decision is made.
At all stages of the procedure the worker will have the right to be accompanied by a trade
union representative, worker representative or work colleague.
No worker will be dismissed for a first breach of discipline except in the case of gross
misconduct, when the penalty will be dismissal without notice or payment in lieu of notice.
A worker will have the right to appeal against any disciplinary penalty imposed.
The procedure may be implemented at any stage if the worker’s alleged misconduct
warrants such action.
Rules covering Unsatisfactory Conduct and Misconduct
(These are examples only and are not exhaustive)
You will be liable to disciplinary action if you are found to have acted in any of the following
ways:
1.
failure to abide by the general health and safety rules and procedures
2.
failure to abide by the sickness and absence procedures
3.
smoking on the premises
4.
possession of alcohol on the premises without permission
5.
unsatisfactory standards or output of work
6.
rudeness towards members of the public or other staff, objectionable or insulting
behaviour, harassment, bullying or bad language.
7.
unauthorised use or negligent damage or; loss of our property.
8.
failure to carry out all reasonable instructions or follow our rules and procedures.
Rules covering Gross Misconduct
(These are examples only and not an exhaustive list)
You will be liable to summary dismissal if you are found to have acted in any of the following
ways:
1.
grossly indecent or immoral behaviour, deliberate acts of discrimination or serious
acts of harassment.
2.
dangerous behaviour, fighting or physical assault.
3.
incapacity at work or poor performance caused by intoxicants or drugs.
4.
possession or use of illicit drugs
5.
deliberate falsification of any records, time sheets, absence records etc, in respect of
yourself or others.
6.
theft or unauthorised possession of money or property, either belonging to us,
another employee or a third party.
7.
serious breaches of the health and safety rules, which may endanger lives.
8.
gross insubordination and/or refusing to carry out legitimate instructions.
9.
serious abuse of the personal harassment policy.
Disciplinary Stages:
1.
The employee will be informed (in writing) prior to any meeting that disciplinary
procedures will be commenced and the reason(s) for doing so. The employee will then be
invited to attend a meeting with the line manager. The employee has the right to be
accompanied by a fellow employee or a trade union representative. This meeting will discuss
the full reason for commencing these proceedings. The employee will be afforded every
opportunity of putting his/her case or point of view.
2.
The line manager will then consider the matter and therefore may, if considered
appropriate issue a verbal warning and agree upon a suitable period or time for
improvements.
3.
If, after the period of time has elapsed there is still no improvement; the employee will
be asked to attend a further meeting to discuss the issue. The manager may if appropriate,
issue a written warning and again agree a period of time for improvements.
4.
If after a first written warning and a final written warning there is still no improvement,
then the manager will reserve the right to dismiss the employee forthwith.
5.
The employer has the right to start the disciplinary procedures at any stage
dependent on individual circumstances.
6.
In the case of what they consider to be serious gross misconduct the line manager or
the Chair or a designated committee representative acting with delegated powers, may
immediately suspend the employee on full pay. Following completion of an investigation the
employee will be invited to attend a meeting with representatives of the Management
Committee to present their case. The management committee representatives will then
consider the matter in full and then may dismiss the employee without further notice, in this
event the management committee will give, in writing, a statement of the reasons for the
dismissal of the employee.
At all times the employee has the right to be accompanied by a fellow employee or a trade
union representative.
All written records of the proceedings shall be shown to the employee concerned prior to
them being filed.
The employee has the right to consult ACAS for advice if not satisfied with any decision of
the manager or management committee.
Disciplinary Appeal:
You have a statutory right to lodge an appeal in respect of any disciplinary action taken
against you.
If you wish to appeal you should do so in writing within seven days (detailing the reasons for
appeal) of being notified of any disciplinary action being taken against you.
You will then be invited to attend a further hearing (within 10 days) and a fellow employee or
a trade union representative may again accompany you. Where possible the disciplinary
appeal procedure will be conducted by a committee member(s) previously unconnected with
the disciplinary action taken so far. This ensures that an independent decision into the
severity and appropriateness of the disciplinary action can be made.
The results of the appeal will be notified to you in writing within seven days of the hearing
Grievance Procedure
It is important that if you feel dissatisfied with any matter relating to Central Notts Mind you
should have an immediate means by which such a grievance can be aired and resolved.
(Except personal harassment for which there is a separate procedure; see Harassment
Policy). Under the Statutory Dispute Resolution Procedures, failure by an employee,
volunteer or external worker to put their grievance in writing and to follow these procedures
will prevent them lodging any subsequent claims at an Employment Tribunal.
Stage 1
Informal discussions can frequently solve most problems and should be considered as a first
step. However, if you feel this not to be appropriate and you wish your grievance to be
formally recorded and investigated, please proceed to Stage 2.
Stage 2
You should fully explain the nature and extent of the grievance, in writing, addressed to the
line manager. The line manager will then invite you to attend a meeting. If you so wish a
fellow employee, advocate or trade union representative may be present to explain the
circumstances more clearly. You will then be notified in writing of the line manager’s
decision.
Stage 3
If the problem has still not been resolved within 10 working days you have the right to bring
the matter to the attention of the management committee by submitting full details in writing
to the Chair. You will then be invited to attend a meeting with the Chair or another committee
appointed representative. You may be accompanied to this meeting. You will be notified
promptly of the outcome.
The decision will be final and irrevocable.
Harassment Policy and Procedure
1.
Many people in our society are victimised and harassed as a result of their race,
religion/belief, creed, colour, nationality, gender, sexual orientation or disability. Personal
harassment takes many forms ranging from tasteless jokes and abusive remarks to
pestering for sexual favours, threatening behaviour and actual physical abuse. Whatever
form it takes, personal harassment is always serious and is totally unacceptable. We
recognise that personal harassment can take place in the workplace as well as outside and
that this can seriously affect employee’s working lives by creating a stressful, intimidating
and unpleasant working environment.
2.
We disapprove of all forms of personal harassment and seek to ensure that the
workplace is sympathetic to all our employees. We publish these procedures to inform all
employees of the type of behaviour that is unacceptable and provide any employee who
feels that they are a victim of personal harassment with a means of raising their complaint.
We recognise that we have a duty of care to implement this policy and it is an express term
and condition of employment for all employees to comply with it.
3.
Personal harassment takes many forms and employees may not always realise that
their actions or behaviour constitutes harassment. Personal harassment is unwanted
behaviour by one employee towards another and examples of harassment include;
•
insensitive jokes or pranks
•
lewd or abusive comments about personal appearance
•
deliberate exclusion from conversations
•
displaying offensive or abusive writing or materials
•
unwelcome personal contact
•
abusive, threatening or insulting words, comments or behaviour
These examples are not exhaustive and disciplinary action at an appropriate level will be
taken against any employees committing any form of personal harassment.
4.
If you are the victim of minor harassment you should make it clear to the harasser on
an informal basis that their behaviour is unwelcome and you should ask them to stop. We
recognise that complaints of personal harassment and particularly of sexual harassment can
sometimes be of a sensitive and intimate nature in this case it may be more appropriate to
hand a written request to the harasser.
5.
Where the informal approach fails or if you feel the harassment is more serious you
should bring the matter to the immediate attention of the line manager or Chair as a formal
complaint in writing. If possible you should keep evidence, notes or a diary so that the written
complaint can include:
•
The name of the harasser
•
The nature of the alleged harassment
•
The dates, times and circumstances of the alleged harassment
•
The names of any witnesses
•
Any action already taken by yourself to stop the alleged harassment
6.
On receipt of a formal complaint we will take action to separate you from the alleged
harasser to enable an investigation to take place. This may involve temporary transfer of the
alleged harasser to another work area or suspension with full pay until the matter has been
resolved.
7.
The line manager, Chair or other designated committee member, will then carry out a
full investigation. All employees and committee members involved in the investigation will be
expected to act in complete confidence.
8.
When the investigation has been concluded, a written draft report of the findings and
the investigators proposed decision will be sent to you and the alleged harasser. If you or
the alleged harasser is dissatisfied with any findings in the report you should raise them
within 5 working days of receipt of the report to the investigated. The investigator will then
consider any points of concern and a final report will be sent to you and the alleged
harasser.
9.
If the report finds that the complaint of personal harassment is well founded, the
harasser will be subject to appropriate disciplinary action. Any employee who receives a
formal warning or is dismissed may appeal using the disciplinary appeal procedure.
10.
If you complain of harassment you will not be victimised for having brought the
complaint. However, if the report concludes that the complaint is untrue and has been
brought with malicious intent, subsequent disciplinary action may be taken against you.
The decision will be final and irrevocable.
Updated May 2015