Disciplinary Procedure

(Non-contractual policy, aligned with the ACAS Code of Practice on Disciplinary and Grievance Procedures.)

Purpose

This procedure exists to help and encourage employees to meet the required standards of conduct and performance. It sets out a fair and consistent process for dealing with problems. The aim is to resolve matters constructively wherever possible.

Scope

This procedure applies to all employees. Where an employee is still within a probationary period provided for by their contract, performance and conduct issues will normally be dealt with under the probationary review process instead.

Principles

• The procedure is designed to be fair and consistent, in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
• No disciplinary action will be taken until the matter has been properly investigated.
• You will be told in writing what the allegation or concern is, and you will have the opportunity to state your case at a disciplinary meeting before any decision is made.
• You have the right to be accompanied at any disciplinary meeting by a work colleague or a trade union representative.
• You will not be dismissed for a first offence except in cases of gross misconduct.
• You have the right to appeal against any disciplinary decision.

Investigation

Before any disciplinary meeting, the company will carry out a reasonable investigation to establish the facts. This may involve:

• Gathering relevant documents and records.
• Speaking to witnesses.
• Speaking to you informally to understand what happened.

The investigation will be carried out promptly and with an open mind. You may be suspended on full pay during an investigation if that is necessary — for example, if there are concerns about evidence being interfered with or a risk to other employees. Suspension is not a disciplinary sanction.

Informal Action

Minor issues of conduct or performance will usually be dealt with informally. Your manager will speak to you, explain what needs to improve, and agree an action plan with a review date. An informal discussion is not a formal warning and will not be recorded on your personnel file as a disciplinary matter.

Formal Procedure

If informal action has not resolved the problem, or if the matter is too serious for informal resolution, the formal procedure will be followed.

Step 1: Written Notification

You will receive a letter setting out:

• The nature of the allegation or concern.
• The evidence the company is relying on (copies of relevant documents will be enclosed).
• The date, time, and place of the disciplinary meeting.
• Your right to be accompanied.
• The possible outcomes, including the level of warning that may be given.

You will be given at least 5 working days’ notice of the meeting so that you have time to prepare.

Step 2: Disciplinary Meeting

At the meeting, the company will:

1. Explain the allegation and the evidence.
2. Give you the opportunity to respond, ask questions, and present your case.
3. Adjourn the meeting if further investigation is needed.

You have the right to be accompanied by a work colleague or trade union representative. Your companion may address the meeting, confer with you, and sum up your case, but may not answer questions on your behalf.

If you cannot attend the meeting, let us know as soon as possible and we will rearrange it. If you fail to attend without good reason, we may proceed in your absence.

Step 3: Decision and Notification

After the meeting, the company will decide on the appropriate outcome. The decision will be confirmed to you in writing, usually within 5 working days of the meeting, including:

• The decision and the reasons for it.
• Any action required and the timescale for improvement.
• The consequences of further misconduct or failure to improve.
• Your right of appeal.

Possible Outcomes

Depending on the seriousness of the matter:

• No further action — if the allegation is not upheld.
• First written warning — for a first instance of misconduct or unsatisfactory performance. Normally remains active for 6 months.
• Final written warning — for a further offence during an active warning, or for a first offence that is sufficiently serious. Normally remains active for 12 months.
• Dismissal — for further misconduct during an active final written warning, or for gross misconduct (see below).

Other sanctions may include demotion or transfer where appropriate.

Gross Misconduct

Certain behaviour is so serious that it may warrant summary dismissal (dismissal without notice) for a first offence. Examples of gross misconduct include, but are not limited to:

• Theft, fraud, or deliberate falsification of records.
• Physical violence, threatening behaviour, or serious bullying.
• Serious or repeated harassment or discrimination.
• Deliberate damage to company property or equipment.
• Being under the influence of alcohol or illegal drugs at work or on a client site.
• Serious breach of health and safety rules.
• Serious breach of confidentiality or data protection obligations.
• Bringing the company into serious disrepute.

Even in cases of apparent gross misconduct, the company will investigate and hold a disciplinary meeting before making a decision.

Appeals

You have the right to appeal against any formal disciplinary decision. To appeal:

1. Write to Mike Wood within 5 working days of receiving the decision, stating the grounds of your appeal.
2. An appeal meeting will be arranged, normally within 10 working days. Where possible, the appeal will be heard by someone who was not involved in the original decision.
3. You have the right to be accompanied at the appeal meeting.
4. The outcome of the appeal will be confirmed in writing, normally within 5 working days. The appeal decision is final.

Grounds for appeal may include:

• The disciplinary procedure was not followed properly.
• The decision was not supported by the evidence.
• The sanction was disproportionate.
• New evidence has come to light.