Document toolboxDocument toolbox

Disciplinary Procedure - APSI

Owned by Tony Browne
Dec 28, 2023
6 min read

Disciplinary Procedure for APSI

 

Purpose of Policy

The Company is committed to treating all staff fairly and equitably and to helping employees perform effectively. However, there may be occasions when it will be necessary to invoke Disciplinary Procedures which are designed to protect the interests of both the Company and its employees. Each employee’s right to natural justice and fair procedures will be upheld at all times.

 

Scope

This policy applies to all employees, whether full-time, part-time, fixed-term, temporary or permanent. The progressive steps provided for in the policy may be skipped when applied to employees during their probationary period or in circumstances where it is deemed necessary by the Company to do so.

 

Policy

The Company aims to avoid situations requiring disciplinary action to be taken. An informal procedure is included in this policy in an effort to ensure that where company standards and rules are not being adhered to, an employee’s manager/supervisor may raise these issues with the employee concerned in an informal manner, to address the situation and resolve it without initiating disciplinary action.

 

Where there is a persistent failure on the part of an employee to adhere to the rules and standards of behaviour expected, or where a serious breach of this policy occurs, then disciplinary action may become necessary. Where this situation arises, each case will be treated consistently and reasonably. The employee will be given the opportunity to provide his/her version of events, with mitigating circumstances to be taken into account.

 

Managers/supervisors will use their best efforts to:

  1. Ensure that all cases are thoroughly investigated

  1. Avoid any discrimination

  1. Prepare carefully and be consistent

  1. Adhere to this procedure

 

Employees must fully co-operate with the Company’s investigations into disciplinary matters. In the event that an employee does not co-operate with an investigation, a decision will be made on the information available to the Company. Furthermore, failure to comply with the disciplinary procedure or with any agreed policy or procedure is a serious matter and may lead to disciplinary action, up to and including dismissal.

 

Offences

Misconduct

Normally, the following list of offences of misconduct will be considered as appropriate reasons for initiating disciplinary action:

 

  1. Unauthorised use of The Company’s assets and equipment.

  1. Failing to follow the procedures in respect of absence due to sickness or injury.

  1. Breach of the written statement of terms and conditions of employment.

  1. Damage to The Company

property.

  1. Breach of company rules.

  1. Failure to observe company policies or procedures.

  1. Regular unreasonable and/or unexplained absences.

  1. Poor time keeping.

  1. Poor job performance.

10.  Abuse of the Company Internet / Intranet

 

This list is not exhaustive and all cases will be treated individually.

 

Gross Misconduct

There are certain rules, the breaking of which justifies immediate dismissal without recourse to the procedure referred to above. However, no action to dismiss an employee will be taken without a disciplinary hearing at which the employee may be represented by another employee. At this hearing, the employee will be presented with the totality of the allegations outstanding against him/her, be allowed the right to respond, and have the opportunity to call witnesses to support his/her case. An employee under investigation, in respect of possible serious misconduct may be suspended with pay during the investigation. Employees who are suspended with pay are suspended without prejudice during the investigation.

 

The following offences are examples of gross misconduct. These examples are not exhaustive or exclusive and offences of a similar nature will be dealt with under this procedure. Gross misconduct will result in the initiation of the Company disciplinary procedure, and may result in immediate dismissal with or without notice or pay in lieu of notice:

 

  1. Divulging or misusing confidential information.

  1. Theft or unauthorised possession of any property or facilities of

The Company.

  1. Insubordination e.g. Refusal to obey reasonable instructions given by those with authority to give such instructions, except where the employee’s safety may reasonably be endangered by the instruction.

  1. Sexual harassment, harassment and/or bullying.

  1. Serious breach of rules, policies or procedures, especially those designed to ensure safety.

  1. Consumption of alcohol or drugs, which could affect work performance in any way or have an impact on other employees.

  1. The manufacture, possession or distribution of any controlled substance in the workplace or on the premises.

  1. Defrauding or attempting to defraud

The Company, customers, suppliers or fellow employees.

  1. Unauthorised use of email, telephones, voicemail and computer systems.

10.  Falsification of any company records including reports, accounts, expenses claims or self-certification forms.

11.  Serious damage to company property.

12.  Violent, dangerous or intimidating conduct.

13.  Timekeeping offences.

14.  Conviction for, or failure to disclose to The Company, any criminal offence which may render the employee unsuitable for employment or perceived as unacceptable to other employees or customers or which is likely to adversely affect The Company’s interest.

 

This list is not exhaustive and all cases will be treated individually

 

 

The Procedure

The Company's procedure on disciplinary issues is as follows:

 

Informal Counselling

Minor misconduct, poor performance or minor breaches of rules will normally result in informal counselling or advice being given by the immediate manager/supervisor. If this approach is not successful it may be necessary to use the formal disciplinary procedure.

 

Formal Disciplinary Procedure

This procedure will be used in cases of breaches of the rules or poor performance which have not been remedied by informal counselling. Normally the procedure will follow the stages listed below, although it is acceptable to move immediately to Stages 3, 4 or 5 if a case appears sufficiently serious.

From the first formal stage of the disciplinary procedure, employees are advised and have the option to have a colleague/workplace representative present under the Natural Laws of Justice.

 

Step 1 – Verbal Warning

In cases of minor infringements, the manager of the employee concerned will warn the employee verbally of the aspects of work or conduct which are below standard, stating clearly that this is a warning. The manager should advise on the improvements which must be made and that if the required improvements are not made, then the next step in the procedure is a written warning.

 

The employee can have another employee present at the meeting at which the outcome is communicated if he/she so chooses. This person will be a colleague of choice. The employee will be given a letter confirming the warning and a copy will be placed on his/her file. If the conduct/performance is satisfactory for 6 working months, then this warning lapses for the purpose of this procedure.

 

Step 2 – Written Warning

Where the employee’s performance does not improve to the required standard within a reasonable time, then the immediate manager may issue the employee with a written warning. This warning will inform the employee of the aspects of conduct or performance which are below standard, stating clearly that this is a written warning.

 

The Manager should advise on the improvements which must be made and that if the required improvements are not made, then the next step in the procedure is a final written warning.

The employee can have another employee present at the meeting at which the outcome is communicated if he/she so chooses. This person may be a colleague of choice. The employee will be given a copy of the warning and a copy will be placed on his/her file. If the conduct/performance is satisfactory for 12 working months, then this warning lapses for the purpose of this procedure.

 

Step 3 – Final Written Warning

Where the employee’s performance does not improve to the required standard within a reasonable time, then the immediate manager may issue the employee with a final written warning. This warning will inform the employee of the aspects of conduct or performance which are below standard, stating clearly that this is a final written warning, advising on the improvements which must be made and that if the required improvements are not made, then the next stage in the procedure is dismissal.

 

The employee can have another employee present at the meeting at which the outcome is communicated if he/she so chooses. This person may be a colleague of choice. The employee will be given a copy of the warning and a copy will be placed on his/her file for a period of 12 working months.

 

Step 4 - Dismissal

If, despite the warnings/action taken in accordance with Steps 1, 2 and 3 of this Procedure, the employee’s conduct/performance is still not acceptable to the Company then he/she may be dismissed. The employee can have another employee present at the meeting at which the outcome is communicated if he/she so chooses. This person may be a colleague of choice.

At the time of dismissal the employee will be provided with written reasons for the dismissal, the date on which employment terminates as well as details of the employee’s right to appeal.

 

Appeal

An employee has the right of appeal. An appeal should be made to the next management level above that at which the disciplinary decision was taken.  Appeals must be made in writing within 5 working days of the disciplinary decision being communicated to the employee. The employee should clearly state the grounds on which he/she is appealing.

 

You have the right to representation at any appeal meeting. At this meeting, you will be given your opportunity to fully present your case against dismissal. The results of the appeal hearing will be issued within 10 working days. The decision made at the appeal stage shall be final. Where a decision to dismiss is appealed and the decision upheld, the date of termination of employment will be the original date of dismissal and not the date of the outcome of the appeal.

The aforementioned timeframes may be waived or varied with the mutual consent of the parties.

 

com.atlassian.confluence.content.render.xhtml.migration.exceptions.UnknownMacroMigrationException: The macro 'html-macro' is unknown.