DISCIPLINARY INVESTIGATIONS AND HEARINGS

When a matter arises which we consider can be properly dealt with on an informal basis this would be our preferred approach. This is particularly the case where a matter relating to your abilities arises and which we believe can be resolved by discussion, training or counselling. However if there is no improvement after a suitable period of time has been allowed or training given, the matter may have to be dealt with more formally.

In the event of a matter arising where it is considered necessary to invoke the disciplinary procedure, we will first seek to establish the true facts of the case and this will be done before memories and recollections fade. Other employees who may be involved in this investigation will be required to cooperate fully with the procedure.

On certain occasions it may be considered prudent or necessary to suspend an employee with pay pending the conclusion of any investigation and subsequent hearing. Further clauses within this section will indicate the level of authority vested in management levels within the business. It must be noted that suspension with pay is not in itself disciplinary action, and is only seen as a temporary measure intended to assist in the proper conduct of the disciplinary process, and is not a pre-judgement of that process. The authority to suspend with pay is vested in Senior Management.

If, following initial investigation it is considered that there is a case to answer then a disciplinary hearing will be established as soon as possible. It should be noted at that hearing you may be accompanied by a fellow employee of your own choice, or a trade union representative. We do not consider that legal representation, or representation by an external body, or person, is either appropriate or necessary, in what essentially is an internal matter. This restriction would apply to both sides.

The nature of the disciplinary matter will be explained to you in as much detail as is possible and you will have every opportunity to present your case in full, to call any witnesses you would feel appropriate and to present any written evidence. If you require further time to prepare your case it is open to us to postpone the hearing until a later date but it should be noted that in the normal course of events only one adjournment will be granted. If your version of events so requires we will undertake such further investigations as may be considered appropriate in order to establish the credibility of your explanation and the result of these investigations will be put to you before any final decision is made.

At the conclusion of the hearing if you accept that the matters raised against you are correct, or if a decision is made against you, then before any penalty is imposed we will give you an opportunity to put forward any mitigating circumstances you feel may be relevant.

At that time there will be a verbal explanation of the decision and this will then be confirmed in writing to you. Your right to appeal against either the findings and/or the penalty to be imposed will also be explained to you verbally and in writing.

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