Disciplinary and Capability Procedure

This policy does not form part of your contract of employment.

Introduction

We believe that clear, open and fair procedures for the resolution of problems are necessary both for the success of Mast Safety Ltd (company) and for the fair treatment of all our staff.

Flexibility: There may be occasions when the company considers it appropriate to change or omit parts of this procedure.

Amendments: The company may amend the procedure from time to time.

Investigations

It is not always necessary to hold an investigatory meeting, but where it is, everyone is required to co-operate fully with the investigation relating to disciplinary procedure. The company will appoint an Investigating Officer to investigate a complaint or may use an outside consultant. During the investigation the employee and all relevant witnesses may be interviewed by the Investigating Officer.

If after investigation it is found there is no case to answer you will be informed.

Where the Investigating Officer considers that it is necessary to take formal action you will be informed and invited to a disciplinary hearing.

Suspension

The company may suspend an employee on full pay and benefits where the matter to be investigated is thought at any stage to involve Gross Misconduct or is in the best interests of those concerned. Whilst on suspension the employee will not be entitled to access the premises except with prior consent of the Director. However the employee must be available for meetings as required during normal working hours. During a period of suspension passwords will be barred and if you have access to the computer system it will be denied.

The right to be accompanied at hearings

All employees may be accompanied at any disciplinary or capability hearing by:

• A work colleague;
• A trade union representative certified in writing by their union as having received training in acting as a workers companion at disciplinary and grievance hearings.

Your representative has the right to explain or sum up your case, and to respond to any views expressed at the hearing. The representative may not answer on your behalf.

If the representative cannot attend on the date set for the meeting, you can suggest an alternative date which is within 7 calendar days of the original meeting date.

Notes for colleagues

We are pleased for colleagues to support each other through these proceedings but no one is obliged to do so. Employees are asked to respect the confidentiality of these proceedings.

Disciplinary Procedure

The disciplinary process has been designed to help and encourage you to achieve and maintain good standards of conduct, attendance and job performance. On occasions people may fall short of the expected standards of behaviour or performance in these circumstances disciplinary action may be taken.

Disciplinary hearings which could result in dismissal will be usually be conducted by a Disciplinary panel. The Investigating Officer shall not be a member of the panel but shall have provided a written summary of the investigation carried out.

You must take all reasonable steps to attend. Where you are unable to attend more than one meeting the company may, in certain circumstances, hold the meeting in your absence and make their decision based on the evidence available to them at the time.

At the meeting you will be given the opportunity to respond and to put forward any defence, views or evidence that you want.

Depending on the severity of the offence and taking into account all the circumstances the disciplinary action may take any one of the following forms:-

• Informal advice, coaching and counselling for very minor issues, to give you an opportunity to rectify the situation.
• A letter of concern will be issued if there is a repeat of very minor issue or for minor issues which do not warrant a formal warning. This will be confirmed in writing and recorded on your file for a period of 6 months.
• For more serious matters or where you have failed to meet the required standards after having being given a letter of concern, you may be given a written warning which will be held for 12 months.
• For serious matters or where you have failed to reach the required standards after being warned you may be given a final written warning, this will be held for 12 months.
• Where there has been Gross Misconduct (in which case the first 4 stages may be omitted) or where you have failed to meet the required standards after due warnings have been given to you, you may be dismissed. In extenuating circumstances we may apply another sanction such as disciplinary transfer, disciplinary suspension without pay or where you are in a supervisory or management role demotion to a lower grade role. This will be confirmed in writing. In case of gross misconduct, the dismissal will normally be without notice (or pay in lieu of notice).

Appeals

You have the right of appeal against any disciplinary decision taken against you. Your appeal should be in writing and sent to the Director within five working days of the decision and state the reasons for your appeal. You will then be invited to an appeal meeting. The decision from the appeal hearing will be final.

The following are examples of Misconduct and Gross Misconduct. These are examples only and not an exhaustive list.

Misconduct

• Occasional poor timekeeping.
• Minor failure to comply with procedures.
• Failure to answer a question during an investigation.
• Minor violation of safety practices.
• Minor breaches of safety regulations.

Gross Misconduct

The following acts are examples of gross misconduct and as such are considered so serious that the employee may be liable to instant dismissal.

• A criminal offence committed at work (other than a minor road traffic offence) committed in the course of employment, or an offence committed outside work,
  which is incompatible with the employee remaining in employment.
• Theft or deliberate damage or negligence which leads to loss, damage to property or goods belonging to the company.
• Fraud and deliberate falsification of records, including, but not limited to, reports, accounts, expense claims and sickness self-certification forms.
• Misuse of the company’s (or the company’s) property or name.
• Unauthorised disclosure or misuse of confidential information.
• Conduct that does, or is liable to, bring the company into serious disrepute.
• Reporting for work whilst under the influence of drugs or alcohol.
• Use of alcohol or drugs, whilst on company business, company premises or client premises.
• Bullying or harassment of any kind, or on the grounds of age, sex, race, disability, marital or civil partnership status, gender re-assignment, sexual orientation, religious or political beliefs or health status.
• • Acceptance of any bribe, secret profit or unauthorised commission.
• Unauthorised expenditure or use of resources.
• Negligence which causes or might cause unacceptable loss, damage or injury.
• Physical violence or threat of violence to any other employee/client.
• Gross Insubordination.
• Serious breaches of the Health and Safety policy.
• Breach of breach of confidence, release of competitive information, liaison with or working for competitive organisations, or any action, which may affect WSS detrimentally (subject to the Public Interest (Disclosure) Act 1998).

Dealing with Poor Performance

The success of the company depends on all staff working together to achieve the best possible standards of performance. We aim to provide support and training to enable all staff to fulfil their potential and deal with any changes that the company may require.

However, sometimes people perform below the standard that the job requires, although they are not doing anything deliberately wrong.

In these cases we believe that it is best to deal with these problems openly and fairly and to provide clarity and practical support to improve performance.

Monitoring performance

We monitor performance through regular discussions with your line manager.

Dealing with poor performance

Initially your manager will normally discuss any concerns about your performance informally with you. Often raising issues promptly helps to solve them by identifying acceptable standards and any support that may be needed.

If your performance continues to fall short of that required, your manager will arrange a formal meeting to discuss this with you. You will have the right to be accompanied by a work colleague or a Trade Union representative. The letter inviting you to this meeting will outline what the potential sanction of the meeting may be.

At this meeting your Manager will explain specific areas of your performance that aren’t acceptable and you will have the chance to give reasons for this. You and your Manager will discuss a plan covering ways in which you can be supported to achieve acceptable standards, a date for review and you will be informed of what will likely happen if there is no improvement. Where a formal performance plan is implemented, a disciplinary sanction may also be issued as an outcome of any formal capability meeting.

The time-scale for improvement, with formal reviews, will vary depending on the nature of the problem and the role that the employee has within the company.

If sufficient improvements have not been made you may be dismissed, but consideration should also be given to whether you should be transferred to another role better suited to your skills set.

Appeal Procedure

If you are dismissed because you are not capable of performing your job to an acceptable standard you have the right of appeal against this decision. Your appeal should be in writing and sent to the Director within five working days of the decision and state the reasons for your appeal. The decision from the appeal hearing will be final.