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GRIEVANCE AND DISCIPLINARY AT WORK

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					                          Jaquelin Fisher Associates Ltd
                    GRIEVANCE AND DISCIPLINARY AT WORK

Establishing and maintaining a constructive working environment is vital to the ongoing
success of Jaquelin Fisher Associates Ltd. It is important that all employees are empowered to
make the best possible contribution they can to the Company. As with any organisation,
problems do occur and these are usually resolved by the parties affected. Where more
fundamental issues arise, the Company has established a framework so that problems can be
resolved with the least possible disruption to the business whilst ensuring that employees are
treated fairly at all times. This framework is as follows:-

Prior to invoking any formal stages of the warning procedures, it is expected that informal
advice and counselling discussions will have been held with the employee and the Line
Manager.

GRIEVANCES
If you have a problem at work, you should discuss this with your immediate
supervisor/manager. Most problems are resolved in this way on an informal basis.
Occasionally, an issue cannot be addressed in this way or the employee is dissatisfied with the
decision. In these circumstances the grievance is referred to the next level of management. In
this case, you will have the opportunity to put your grievance to your manager and may be
accompanied by a colleague.

The Manager will investigate the grievance, collecting evidence and interviewing staff where
necessary, following which s/he will make a decision on the issue. A formal record will be
made of the grievance, the redress sought, the outcome of the investigation and the final
decision. You will be provided with a copy of this record. The decision is final and binding.

DISCIPLINARY PROCEDURES
Where a supervisor/manager has a problem with one of their staff, they will normally raise
this with the employee concerned on an informal basis. In the event of serious disciplinary
issues or where informal discussion fails, more formal steps will be taken.
The procedure is outlined below.
Disciplinary action will be taken for the following reasons, bearing in mind that this is not an
exhaustive list:-

           Unauthorised absence from work -without permission or proper reason
           Persistent lateness-without permission or proper reason
           Misconduct
           Carrying out non-Company business in working hours
           Unacceptable performance
           Physical violence, theft or other criminal offence on Company/Customer's
            premises
         Flagrant disregard of safety regulations
         Wilful disregard of reasonable instruction
This procedure will be followed for any employee that has completed their probationary
period. Employees will not be dismissed without a warning first being given by the Manager
orally and confirmed in writing, and employees will not be dismissed for a first breach of
discipline, except in the case of gross misconduct when the Company will not be obliged to
give any prior warning.
Prior to taking any disciplinary action, the manager shall inform the employee in writing of
the complaint against them and that s/he will be required to attend a disciplinary meeting. A
minimum of 3 working days notice of the date and copies of any relevant documentation will
be given.

At the meeting, the employee will be given the opportunity to present their case and produce
evidence to support it. The opportunity to question evidence/testimony supporting the
allegations will also be available. A colleague/trade Union representative may be invited to
the meeting by the employee to support them.

Where more extensive investigations are required, the Company shall, without prejudice, be
entitled to suspend an employee from duties pending the investigation,

Upon completion of the information gathering, the manager will review all the evidence and
decide on an appropriate course of action.

If subject to disciplinary action, the employee has the right of appeal procedure to appeal
against the decision. Notification of the intention to appeal must be made in writing within 7
working days. A Director of the business who has not previously been involved in the
disciplinary action will hear such an appeal.

Prior to the Appeal, it is essential to ensure that the procedure was “Fair", the appellant had
the opportunity to state their case, all documentation is reviewed and the decision reached can
than be reassessed. There may be new evidence introduced at the discretion of the chairman
of the Appeal. The decision of the Appeal Chairman is final.

Step One
Formal Verbal Warning: This should be carried out in a formal meeting. Line managers
should give warnings only with a member of Personnel and an optional third person of the
employee's choice (or a Trade Union representative) present. The verbal warning needs to be
documented and signed by both parties and kept on record for up to 12 months. The
documentation must give clear reasons for perception of poor performance and clear
guidelines on improvement. Time must be given to the employee to put their reasons and
points across which are documented and kept on record.

Step Two
Written Warning: This takes the form of a letter. This advises the employee of the lack of
improvement since the verbal warning was given. Written warnings can only relate to a verbal
warning given in the previous twelve months or it is considered a new procedure. The letter
should be specific and give clear guidelines on time for improvement. The letter must be
signed and kept on file for 12 months.

It is possible to move to this step directly without a prior verbal warning.

Step Three
Final Written Warning: If after the period of time stated in the previous warning meeting,
the employee is still causing complaint, then a Final Written Warning may be considered
appropriate. The letter must give details of the cause of complaint/dissatisfaction how it can
be rectified and what the employer can do to support the employee in meeting these
standards.
The Dismissal Meeting If the employee fails to respond positively within the time scale,
then the final action may be dismissal. 'The full procedure must have been exhausted before
this action is taken. Before taking this action, the following must be considered:-

   1. Is it sufficiently serious to warrant dismissal?
   2. Are there any mitigating circumstances/explanations?
   3. Is this action a reasonable act by a reasonable employer?

Dismissal is carried out in writing according to the contract of employment. It is the decision
of the MD as to whether the notice is worked or pay in lieu received.

Dismissal with out notice (summarily dismissal) usually means no notice or pay in lieu, prior
to this action the employee will have been suspended pending a thorough investigation.

MATERNITY LEAVE
As a female employee you will be entitled to take a period of 18 weeks ordinary maternity
leave if you are pregnant. This period of maternity cannot start any earlier than 11 weeks
before the week in which the baby is due.
If you have more then one year’s continuous service with the Company, you will be entitled
to additional leave up to a maximum of 29 weeks. You must notify the Company in writing
no later than 21 days prior to your return date of your intention to return.
For the period of 18 weeks ML, you will continue to receive your contractual employment
benefits (e.g. holidays).

Maternity pay
As a female employee, you are entitled to receive Statutory Maternity Pay (SMP) providing:-
(a)    You have been employed by the Company for a continuous period of at least 28 weeks
continuing into the 15m week before the Expected Week of Confinement (EWC).

(b)    You give your manager at least 21 days notice. in writing, that you are
stopping work due to pregnancy and the certificate MAT B1 from a Doctor or
Midwife, showing the EWC

Statutory maternity Pay (SMP) is paid at two rates: higher and lower:
            The first 6 weeks is paid at 9056 Of your average earnings
            The following 12 weeks is paid at the lower rate of Maternity Pay (this is set
              by the Contributions Agency) and may be subject to change

Excused Absence with Pay

Under certain circumstances, the Company may provide absence with pay:-
   (a) Jury Service - the Company recognises that an employee may be required to attend
   jury service and will ensure that the employee suffers no reduction in base salary.

   (b) Compassionate Leave - The Company acknowledges the traumatic time when an
   employee may suffer serious illness or death in his/her immediate family and will be give
   paid leave to the employee accordingly (usually applies to husband, wife, children.
   parents, siblings). Up to a maximum of 5 days paid leave may be given at the manager’s
   discretion - additional unpaid leave may be granted if necessary.
PARENTAL LEAVE
Provided they have one years continuous service, Mothers and Fathers are entitled to take 13
weeks unpaid parental leave at any time over the first 5 years of a child's life for any child
born on or after December 15th 1999. If this child is disabled, the qualifying birth date
remains the same but the leave may be taken up to the child's in 18th birthday. This is in
addition to paid maternity leave provisions.

REDUNDANCY
Whilst it is the Company's intention to develop and expand its business activities and thus
provide a reasonable security of employment for its employees, it must ensure the economic
viability of its business in a changing environment. As a result, circumstances may arise
where changes in the market, technology and organisation necessitate the need for reductions
in employee levels leading to subsequent redundancies.
Prior to the declaration of a redundancy, the directors will take into account the likely
circumstances of both the direct costs of redundancies and the resulting effects on employee
relations and customer service The situation will be reviewed with the directors to ensure that
other means of overcoming the surplus have been thoroughly investigated. The redundancy
relates to the job - not to the employee. Any redundancy must be handled in a fair and
reasonable manner to minimise hardship, observe legal requirements and observe the criteria
for selection, these criteria need to be established well in advance and ensure that the
remaining staff are appropriate to the current and future needs of the business.

Examples of Criteria
Temporary contracts
Assigned to particular project/contract/job
Accurate assessment of actual and anticipated job/client              requirements    (specific
skills/experience)
Capability, competency and standard of work performance
Employment history/conduct
(Qualifications
Length of service egg LIFO

It is essential that a period of consultation is entered into pnor to redundancy - this may be
with Union or employee representatives and the individuals concerned. This must occur prior
to the decision being made and enable the employee to be fully informed of the situation.
Time must be given to enable a response to be obtained and this response must be fairly
considered by the employer. Any opportunity of alternative work must be thoroughly
investigated (even if the salary is lower) or the redundancy may be considered "unfair". The
subject of discrimination must also be checked to ensure that part-timers are not selected
above full-time employees.

The employee needs to receive a warning notice at least 2 weeks prior to the notice of
termination. During this period s/he has the right of appeal under the Grievance Procedure. At
the end of this period, notice may be given - the minimum being the contractual period. The
full terms of redundancy and benefits/options available will need to be explained. If a new
role is found, a trial period is usually offered to establish suitability of the role.

Statutory entitlement:-
Less than 1 year’s employment                       None
(Service under the age of 18 or over 65 does not count)
Each year between ages of 18 and 22                  0.5 week's pay or £230, whichever is the
                                                     lesser.

Each year of service between                         1 week's pay
ages of 22 and 41 (using actual birthday)

Each year of service over 41 up to 65                1.5 week's pay (as above)

Maximum service to be taken into account is 20 years and the maximum payable is 30 weeks.
Redundancy pay is free of tax up to £30,000
(NB Figures may change)

ANNUAL APPRAISAL SYSTEM
Through the Appraisal System, training requirements and plans will be compiled relating to
the needs of the business. The plans will define training needs end outline priorities to enable
the progress of training to be continually assessed against the business plans.

Responsibility
The MD is responsible for ensuring that the appraisal system is implemented correctly and
that all employees are appraised and the records maintained. It is mandatory that all
employees be given an annual appraisal interview,
The manager most familiar with the employee's work and performance should carry out the
appraisal. The appraiser should:-

              Notify the employee of the date of the interview at least one week before the
               appraisal and provide the employee with a form,
              Ensure a confidential location for the interview with no interruptions.

The appraisal interview is the most important part of the process and should be held in an
open and frank manner. An honest view of strengths and weaknesses along with problems
encountered during the review period is discussed.

DATA PROTECTION ACT 1997
The Company aims to fulfil its obligation under the Data Protection Act 1984 to the fullest
extent.

From time to time you may want the Company to provide information to a third party
(landlord, bank or building society) for rent or loan purposes. Under the Data Protection Act
1984, we are prohibited from passing information to third parties without the employee's
express authorisation. If you expect such a request to be sent to the Company, please inform
us end authorise us to release the information. This will ensure a quick turnaround of the
request.

STANDARDS OF CONDUCT AND APPEARANCE
The Company expects its employees to maintain high standards of conduct and appearance at
all times, observe all safety regulations and treat all Company property with care. Employees
should carry out all duties in a responsible, courteous and helpful manner.

PUBLIC INTEREST DISCLOSURE ACT
The Public Interest Disclosure Act 1998 aims to protect employees who reasonably believe
one or more of the following has occurred:-
            a criminal offence has been committed or is likely to be committed
              a person has failed or is likely to fail to comply with a legal obligation
              a miscarriage of justice has occurred or is likely to occur
              the health or safety of an individual has been endangered
              the environment has been damaged or is likely to be damaged
              information relating to the above has been deliberately concealed or is likely to
               be concealed.

In general terms, the Act protects such disclosures to the employer or an appropriate
regulatory body provided in all cases the employee acted in good faith.

The offices of Jaquelin Fisher Associates Ltd are a NO smoking environment.

				
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Description: GRIEVANCE AND DISCIPLINARY AT WORK