Model Forms and Procedures provided by The Employment Adviceline
DISCIPLINARY RULES AND PROCEDURES
INTRODUCTION
In any organisation it is necessary to have a minimum number of rules in the interests of both the employer and employee. Rules set standards of performance and behaviour, whilst the procedures are designed to help promote fairness and order in the treatment of individuals. It is the aim of the rules and procedures to emphasise and encourage improvement in the conduct of individuals where they are failing to meet the required standards. Every effort will be made to ensure that any action taken under this procedure will be fair and you will be given the opportunity to state your case and appeal against any decision you consider to be unjust.
The following rules and procedures should ensure that:-
you are fully aware of the standards of performance, action and behaviour required
disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner
you will only be subject to disciplinary action after careful investigation of the facts and having had the opportunity to present your side of the case
other than for an informal verbal warning, you will have the right to be accompanied by a fellow employee at all stages of the disciplinary process
normally you will not be dismissed for a first breach of discipline except in the case of gross misconduct
if you are the subject of the disciplinary process you will receive both an explanation of the penalty imposed and also the right to appeal against the penalty
DISCIPLINARY RULES
It is not practicable to specify all disciplinary rules or offences which may result in disciplinary action as circumstances can vary depending on the nature of the work. The following disciplinary rules (which are not exhaustive) and procedures form an important part of your contract of employment and they should be carefully read and understood.
RULES COVERING GROSS MISCONDUCT (These are not exhaustive)
You will be liable to instant dismissal without notice or pay in lieu of notice if you are found to have acted in any of the following ways:-
1. A serious or wilful breach of the above Unsatisfactory Conduct and Misconduct Rules.
2. Gross negligence.
3. Grossly indecent or immoral behaviour.
4. Dangerous behaviour, fighting or physical assault.
5. Deliberate falsification of any records, including time sheets, absence records and so on, in respect of yourself or any fellow employee.
6. Undertaking private work on the premises and/or in working hours without express permission.
7. Theft or misappropriation of money or property whether belonging to the company, another employee or a third party.
8. Destruction/sabotage of our property or any other property on the premises.
9. Serious Health & Safety breaches which could endanger the lives of employees or any other person.
10. Gross insubordination and/or refusal to obey legitimate instructions given by a Superior/manager.
11. Any breach of a legal statute which has a direct effect on your ability to undertake your stated duties and/or on the desired characteristics of your position.
12. Unauthorised access to company computer systems.
13. Serious discrimination against another employee.
DISCIPLINARY PROCEDURE
Normally any disciplinary action taken against you will be based on the following procedure:-
NOTES:-
We reserve the right to suspend on full pay an employee who is alleged to have committed an offence so that investigations can be carried out prior to a disciplinary hearing. In respect of the disciplinary procedure we reserve the right to take into account the severity of the offence and the employee's length of service. This means, amongst other things, that we may use a later stage of the procedure without necessarily having gone through earlier stages. For example, for a serious offence falling short of gross misconduct, we may issue a Final Written Warning.
Suspension from work without pay for up to 5 days may be considered as an alternative to dismissal.
During the first year of employment, we reserve the right not to give prior warnings before taking dismissal action. The disciplinary procedure noted above is, therefore, binding in honour only during this period.
You have the right to appeal against any disciplinary action taken against you (see 'Disciplinary Appeal Procedure').
The operation of the Company disciplinary procedure is based on the following authority levels:-
DISCIPLINARY APPEAL PROCEDURE
The Disciplinary Rules and Procedures which form part of your Contract of Employment incorporate your right appeal against any disciplinary action taken against you. If you wish to appeal, you must write to the (Managing Director) within two working days of the decision you are appealing against, stating why you feel that the penalty imposed is too severe and/or that you are innocent of the alleged offence. All appeals against disciplinary action will be dealt with by the Managing Director, normally within three working days of the written appeal. At the appeal hearing you have the right to be accompanied by a work colleague or a representative of a recognised trade union, who may speak for you. You have the right to state your case and present any evidence or call any witnesses. The result of the appeal hearing is final and will be made known to you in writing, normally within three working days after you receive the written decision.