Workplace Standards · Section 9
Disciplinary Rules
It is necessary to have a minimum number of rules in the interests of the whole organisation.
About this policy
It is necessary to have a minimum number of rules in the interests of the whole organisation.
The rules set standards of performance and behaviour whilst the procedures are designed to help promote fairness and order in the treatment of individuals. It is our aim that the rules and procedures should emphasise and encourage improvement in the conduct of individuals, where they are failing to meet the required standards, and not be seen merely as a means of punishment.
It is your responsibility to familiarise yourself with the following rules and procedures. Any breaches may result in action being taken in accordance with the disciplinary procedure. If you have any concerns or require clarification on any issue(s), please raise them with management.
The Company may need to change the rules from time to time and any such changes will be notified to you as appropriate.
It is not practicable to specify all disciplinary rules or offences that may result in disciplinary action, as they may vary depending on the nature of the work. In addition to the general rules and rules on gross misconduct shown in this handbook, a breach of other specific conditions, procedures, rules etc. that are contained within this handbook or that have otherwise been made known to you, will also result in the disciplinary procedure being used to deal with such matters.
General Rules (this list is not exhaustive)
You must conduct yourself and perform your work at all times in a manner that is in the interests of the Company. Any conduct detrimental to its interests or its relations with any third party, or damaging to its public image, shall be considered to be a breach of the Company's rules.
You are expected to achieve and maintain a good standard of work and to show a conscientious approach to the job or to the detail of that job to a standard that may reasonably be expected.
You must maintain acceptable attendance at work and timekeeping.
You are expected to read and observe all authorised notices that are displayed by the Company.
You are engaged on the basis that you must be prepared to undertake reasonable duties other than those for which you have been specifically engaged to ensure maximum efficiency.
You must not make use of telephones, e-mail or postal facilities or any other communication mode for personal purposes without the prior permission of management. You must adhere to the Company's policy with regard to the use of mobile phones and other devices.
You are not permitted to remove material or equipment of any kind from the Company without prior permission.
You must notify the Company immediately of any incident causing damage to property belonging to the Company (e.g. building, machinery and equipment), or to the property of fellow employees, visitors or customers/clients.
Working time and/or the Company's material or equipment must not be used for any unauthorised work.
2.10You must act in accordance with the Company's working procedures.
Personal hygiene and appearance must be of an acceptable standard.
Visitors are not allowed onto the premises at any time without prior authority.
An orderly and courteous manner must be maintained at all times.
Socialising is not permitted on the premises without prior authorisation.
You are required to submit your person or property, including vehicles, to being searched whilst on the Company's premises, or at any time at the reasonable requirement of the Company.
You must comply with the Company’s rules on no smoking, including no smoking in Company’s vehicles.
You are required to comply with the Company's policy of not permitting the display of flags, emblems, posters, graffiti, etc. or the circulation of literature which is likely to offend or cause apprehension among particular groups of employees.
Unofficial references or opinions about current or ex-employees must not be made or given to third parties under any circumstances.
Gross Misconduct
The following acts are examples of gross misconduct offences and as such may render you liable to summary dismissal (i.e. dismissal without notice and without previous warnings). It is not possible to provide an exhaustive list of examples of gross misconduct. However, any behaviour or negligence resulting in a fundamental breach of contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment relationship will constitute gross misconduct. Illustrative examples of offences that will normally be deemed as gross misconduct include serious instances of:
a. fighting, physical assault or dangerous horseplay;
b. serious cases of bullying, offensive, aggressive, threatening or intimidating behaviour or excessive bad language;
c. theft or misappropriation of the Company’s property or property belonging to another employee, or fraud;
d. drinking alcohol or being under the influence of alcohol/drugs and/or drug abuse whilst attending work;
e. being in possession of, or dealing in illegal drugs whilst at work;
f. breach of safety rules and/or any action, which seriously endangers the health or safety of an employee or any other person whilst at work
g. unlawful discrimination, harassment and/or bullying;
h. breach of any of the Company’s policies;
i. deliberate damage to property.
j. Unauthorised recording of any workplace meeting, including but not limited to disciplinary meetings.
Disciplinary Procedure
The Disciplinary Procedure does not form part of your contract of employment.
This procedure is intended to help maintain standards of conduct and performance and to ensure fairness and consistency when dealing with allegations of misconduct or poor performance. Minor conduct or
performance issues can usually be resolved informally with your Line Manager. This procedure sets out formal steps to be taken if the matter is more serious or cannot be resolved informally.
We retain discretion in respect of the disciplinary procedures to take account of your length of service and to vary the procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before dismissal.
Before considering a warning or dismissal, steps will be taken by the Company to establish the facts.
At any stage of the disciplinary procedure you may be suspended, on full pay, whilst investigations are carried out. Suspension is a holding measure and is not to be taken as an indication that any allegations against you will be substantiated. In the event that you become unfit for work or unable to attend any necessary meetings due to sickness during the period of suspension, the Company will review the decision to keep you on suspension and, following this review, your suspension may be lifted. If your suspension is lifted, you may no longer be entitled to full pay but will be entitled to Statutory Sick Pay in accordance with the Company's rules and procedures.
If you are prevented from attending your place of work and/or performing your job duties as a result of Police bail conditions, or because of an order or direction given by a court or relevant regulatory body, then the duration of any such period will be without pay.
If it is necessary for the Company to take action under the disciplinary procedure you will be issued with a written statement setting out the nature of the conduct or other circumstances that may result in a disciplinary warning or dismissal. You will only be issued with a disciplinary warning or dismissed following a formal disciplinary meeting, at which you will have been given the right to be accompanied by a fellow employee or an accredited trade union official. You should make every effort to attend the meeting. Throughout the disciplinary procedure you will be given the opportunity to respond to any complaint before any decision on a disciplinary warning or dismissal is taken.
It is not permissible to record, whether audio and/or visual, any meetings which take place as part of this procedure, without our express written authorisation. You should note that unauthorised recording may result in action under the disciplinary procedure, which may include dismissal for gross misconduct.
The Company may commence the disciplinary procedure, depending on the circumstances, at any of the following levels:
4.10Verbal warning
a. A record of the verbal warning will be placed on your personnel file for 6 months after which it will be disregarded.
Written warning
a. A written warning will be issued and a copy placed on your personnel file for 6 months after which it will be disregarded.
4.12Final written warning
a. A final written warning will be issued and a copy placed on your personnel file for 12 months after which it will be disregarded.
Dismissal
a. Dismissal may be with or without notice, depending on the circumstances, and may occur whether or not warnings have been issued.
Disciplinary offences
Matters that SY Plus Limited views as amounting to disciplinary offences include (but are not limited to):
a. Irregular attendance or poor time keeping
b. Unauthorised or persistent absenteeism
c. Failure to comply with safety rules (not giving cause to immediate danger)
d. Carelessness in the handling of Company property, leading to its damage
e. Carelessness or negligence in handling or accounting for cash or stock
f. Failure to comply with Company systems and procedures
g. Acts of discrimination or harassment of other employees
h. Unauthorised access to computer systems or data
i. Minor insubordination
j. Smoking in an unauthorised area
k. Misuse of the internet
This list is intended as a guide and is not exhaustive.
Investigations
Before any disciplinary hearing is held, the matter will be investigated. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing.
In some cases of alleged misconduct, we may need to suspend you from work while we carry out the investigation or disciplinary procedure (or both). While suspended, you should not visit our premises or contact any of our clients, customers, suppliers, contractors or staff, unless authorised to do so. Suspension is not considered to be disciplinary action.
The Hearing
We will give you written notice of the hearing, including sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare. You will normally be given copies of relevant documents and witness statements.
You may be accompanied at the hearing by a trade union representative or a colleague, who will be allowed reasonable paid time off to act as your companion.
You should let us know as early as possible if there are any relevant witnesses you would like to attend the hearing or any documents or other evidence you wish to be considered.
We will inform you in writing of our decision, usually within one week of the hearing.
Disciplinary action and dismissal
Stage 1: Verbal / First written warning or improvement note. Where there are no other active verbal / written warnings or improvement notes on your disciplinary record, you will usually receive a first verbal / written warning or improvement note. It will usually remain active for six months.
Stage 2: Final written warning. In case of further misconduct or failure to improve where there is an active first written warning or improvement note on your record, you will usually receive a final written warning. This may also be used without a first written warning or improvement note for serious cases of misconduct or poor performance. The warning will usually remain active for 12 months.
Stage 3: Dismissal or other action. You may be dismissed for further misconduct or failure to improve where there is an active final written warning on your record, or for any act of gross misconduct. Examples of gross misconduct are given above (paragraph 3). You may also be dismissed without a warning for any act of misconduct or unsatisfactory performance during your probationary period.
We may consider other sanctions short of dismissal, including demotion or redeployment to another role (where permitted by your contract), and/or extension of a final written warning with a further review period.
Appeals
You may appeal in writing within one week of being told of the decision.
The appeal hearing will, where possible, be held by someone senior to the person who held the original hearing. You may bring a colleague or trade union representative with you to the appeal hearing.
We will inform you in writing of our final decision as soon as possible, usually within one week of the appeal hearing. There is no further right of appeal.
