Common use of Disciplinary Procedure - General Principles Clause in Contracts

Disciplinary Procedure - General Principles. The Procedure has been designed so that the employer will deal with disciplinary or dismissal matters in a fair and consistent manner. The aim is to encourage improvement in individual conduct or performance or deal with matters relating to capability or qualifications, or other issues. The procedure provides a framework to deal with a case in which a decision may be reached or ultimately reached by the employer to terminate an employee’s employment. Where a case may warrant disciplinary action or dismissal, a written statement of the alleged misconduct, lack of capability or qualifications or characteristics, or the other circumstances or issues will be sent or given to the employee concerned. The employee will be invited to attend a meeting, which will take place after an investigation. He will be informed of the basis for the grounds given in the statement and will have a reasonable opportunity to consider a response. The employee will have every opportunity to make responses during the meeting, which will be considered prior to a decision being reached. After the meeting within a specified time the employee will be informed of the decision and notified of the right to appeal against the decision. Where an employer’s existing procedures broadly comply with the following provisions, or with the relevant ACAS Codes of Practice, or have already been agreed or established between the employer and his employees, such arrangements shall remain unaltered unless otherwise agreed. In cases of alleged serious or Gross Misconduct, employees may be suspended on full basic pay. Suspension is not a disciplinary penalty and carries no implication of guilt. Whilst on suspension employees must be available for work or meetings as required during normal working hours. Right to be Accompanied Employees may be accompanied at any investigation or disciplinary hearing by: • A work colleague. • A full time official employed by a trade union; or a lay official, so long as they have been certified in writing by their union as having received training in acting as a workers companion at disciplinary and grievance hearings. • Representatives have the right to explain or sum up the case, and to respond to any views expressed at the hearing. The representative may not answer on the employee’s behalf. If the representative cannot attend on the date set for the interview, the interview may be postponed for up to 5 days.

Disciplinary Procedure - General Principles. The Procedure has been designed so that the employer will deal with disciplinary or dismissal matters in a fair and consistent manner. The aim is to encourage improvement in individual conduct or performance or deal with matters relating to capability or qualifications, or other issues. The procedure provides a framework to deal with a case in which a decision may be reached or ultimately reached by the employer to terminate an employee’s employment. Where a case may warrant disciplinary action or dismissal, a written statement of the alleged misconduct, lack of capability or qualifications or characteristics, or the other circumstances or issues will be sent or given to the employee concerned. The employee will be invited to attend a meeting, which will take place after an investigation. He will be informed of the basis for the grounds given in the statement and will have a reasonable opportunity to consider a response. The employee will have every opportunity to make responses during the meeting, which will be considered prior to a decision being reached. After the meeting within a specified time the employee will be informed of the decision and notified of the right to appeal against the decision. Where an employer’s existing procedures broadly comply with the following provisions, or with the relevant ACAS Codes of Practice, or have already been agreed or established between the employer and his employees, such arrangements shall remain unaltered unless otherwise agreed. In cases of alleged serious or Gross Misconduct, employees may be suspended on full basic pay. Suspension is not a disciplinary penalty and carries no implication of guilt. Whilst on suspension employees must be available for work or meetings as required during normal working hours. P a g e | 11 Right to be Accompanied Employees may be accompanied at any investigation or disciplinary hearing by: • A a work colleague. ; • A a full time official employed by a trade union; or a lay official, so long as they have been certified in writing by their union as having received training in acting as a workers companion at disciplinary and grievance hearings. • Representatives representatives have the right to explain or sum up the case, and to respond to any views expressed at the hearing. The representative may not answer on the employee’s behalf. If the representative cannot attend on the date set for the interview, the interview may be postponed for up to 5 days.