Elsewhere within this Handbook we have indicated that it is not practical
to set out all the instances of conduct or performance which may lead to
disciplinary action being taken. It should be understood by all employees
however that the disciplinary procedure may be invoked as a result of:-
- Any failure to observe the rules set out in this Handbook or in any
other part of your Contract of Employment/Principal Statement of Terms and
Conditions of Service.
- Any other instance of conduct or performance, which we believe could
only properly be dealt with under the disciplinary procedure.
It is impossible to produce an exhaustive list of all instances of
misconduct or performance giving rise to disciplinary action, and it is
also impractical to state which category of discipline will be applied to
any given degree of behaviour or performance. Other than for a
probationary termination, or a Gross Misconduct issue, it is unlikely that
dismissal would be the first course of action taken against any employee.
However, an employee's conduct or performance which proves to be
unacceptable will fall into one of the following four categories:-
Informal Counselling
Where a breach of conduct or performance is not regarded as being
particularly serious and is shown to have been caused by the capabilities,
competence or behaviour of an employee, it is open to us to deal with this
matter informally in the first instance and to give an opportunity for
improvement, if necessary with training, rather than to revert to the
formal disciplinary procedure. Any decision to proceed in this way however
is a matter for our discretion and will depend entirely on the
circumstances of each case.
Unsatisfactory Conduct
Any minor breach of the rules and regulations will fall into the category
of unsatisfactory conduct. If it is considered sufficiently serious to
warrant disciplinary action then it is likely that if this is the first
instance of such a minor misdemeanour the disciplinary consequence will be
a verbal warning. It is important to note within this section that in
dealing with unsatisfactory conduct it is the standard of conduct or
indeed performance which is being considered and not necessarily a
repetition of an earlier misdemeanour.
Misconduct
In this section of misconduct, disciplinary action may be taken where
there is continued repetition of action which has resulted in a previous
verbal warning for unsatisfactory conduct and there has been no
improvement or there has been continued breach. It may well be however
that the misconduct in question may be sufficiently serious to warrant an
immediate written warning without there having been a previous verbal
warning issued.
Serious Misconduct
Serious misconduct or a serious breach of performance may in themselves
require a final written warning to be issued irrespective of whether there
have been previous warnings given to the employee concerned or not. A
first and final written warning may be issued where it is considered that
the conduct or performance of the individual employee is not sufficiently
serious to warrant dismissal but nevertheless is considerably more serious
than the action which would normally have warranted a written warning for
misconduct.
There will be occasions when an employee has received a combination of
either verbal and/or written warnings in respect of his or her conduct or
performance and there has still been no marked improvement or there has
been repetition of the action for which the previous warnings have been
given. Consequently, in a sequential manner where an employee has
previously been given a written warning in relation to his conduct or
performance and there has been no improvement or repetition then the next
disciplinary punishment will usually be a final written warning for
serious misconduct.
Please note that following the issue of a final written warning any
further repetition or further breach in relation to conduct or performance
will usually result in dismissal (albeit contractual dismissal, with
notice, after a disciplinary hearing).
Gross Misconduct
This section of the Employee Handbook covers certain aspects of behaviour,
conduct and performance, which will be construed as gross misconduct and
this term as the name implies involves conduct which is particularly
serious in itself or in its consequences. In such cases it is considered
inappropriate to allow the employee to continue at work and the only
proper penalty would be summary dismissal which means immediate dismissal
after a disciplinary hearing with the forfeiture of any notice.
WE RESERVE THE RIGHT TO DEAL WITH EVERY CASE ENTIRELY ON ITS MERITS BUT IN
RETURN WE UNDERTAKE THAT WE WILL ALWAYS SEEK TO CONDUCT THE DISCIPLINARY
PROCEDURE REASONABLY, FAIRLY AND CONSISTENTLY.
EXAMPLES OF ACTS OF GROSS MISCONDUCT
Employees are liable to summary dismissal (i.e. without notice) following
a disciplinary hearing, if they are considered to have acted in any of the
following ways:-
Please note this list is not an exhaustive list.
- Deliberate, or serious breaches of conduct standards/rules and
regulations.
- Theft of money, or property, whether belonging to the business, a fellow
employee, or a third party associated with the business.
- Any action which can be construed as intent to defraud/deceive.
- Being under the influence of intoxicants, drugs, or other substances.
- Fighting, or physical assault, or abusive/threatening behaviour.
- Grossly indecent, or immoral, behaviour.
- Wilful refusal to carry out a legitimate management instruction.
- Deliberate or serious breach(es) of the Health and Safety rules.
- Carrying out private work on the premises and/or in working hours,
without express permission.
- Deliberate damage, destruction, or sabotage, of our property, or any
property belonging to a fellow employee, or a third party associated with
the business.
- Discriminatory conduct, or harassment.
- Deliberate, or serious, breach(es) of computer/software/e-mail/internet,
rules and procedures.
> Top <
|