DISCIPLINARY AND GRIEVANCE PROCEDURES

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DISCIPLINARY AND GRIEVANCE PROCEDURES Powered By Docstoc
					              DISCIPLINARY AND GRIEVANCE PROCEDURES
                               Revised

DISCIPLINARY PROCEDURE

Disciplinary procedures exist to ensure the safe and effective operation of XXXX
and fair treatment of individual employees. Such matters will be dealt with
initially by the employee’s Line Manager or by the Chief Executive, and/or the
Management Committee through the Chairperson of XXXX, where appropriate.

Informal, Formal and Final Warnings
In general all disciplinary matters will be dealt with as speedily as possible once
the person issuing the warning becomes aware of the matter. Informal warnings
will be given at the discretion of the employee’s Line Manager or the Chief
Executive. Minor breaches of discipline or substandard performance will
normally be dealt with by counseling and discussion with the individual
concerned. Where they are persistent or of a serious nature the employee will
receive a formal warning.

Prior to a warning being issued, a meeting will be held where the employee will
be informed of the nature of the complaint and such evidence as may exist. The
employee may present his or her explanation of the matter. The employee may
be accompanied at this meeting by a fellow work colleague, a trade union official
or another person if so desired (excluding any qualified legal professional). A
Member or Members of the Management Committee may also attend if XXXX
considers this appropriate. If, after investigation, the complaint against the
employee is upheld, a formal warning will be given in writing. Any subsequent
warning, whether or not for a similar reason, shall be deemed a final warning.

All formal or final warnings may be given orally, but will also be confirmed in
writing, with a copy given to the employee. Final warnings will be signed by the
Chairperson of the Management Committee. Wherever possible, warnings shall
be given in private. Wherever practicable, the reasons for taking action and
plans for overcoming the problem should be fully discussed, and a reasonable
time for review agreed. All written warnings will be recorded on the employee's
file. The employee's conduct or performance will be reviewed annually with a
view to `wiping the slate clean' if the employee's behaviour is satisfactory.

Statutory Dismissal Procedures
If the employee is found to be guilty of a further disciplinary offence following a
final warning their employment may be terminated. Dependent upon the nature of
the offence this may or may not be with notice. Should termination of
employment be necessary after two formal warnings and the appropriate review
period, the employee must be made fully aware of why such action is being taken
and this will be notified in writing to them.

In accordance with Statutory Dismissal Procedures, XXXX confirms that the
following statutory procedural steps will always be followed where disciplinary
action is to take place that may result in an employee’s dismissal:
      Step 1         Provide the employee with a written statement setting out the
      alleged conduct or characteristics which lead the employer to consider
      taking disciplinary action.
      Step 2         Invite the employee to attend a disciplinary meeting at which
      they have the right to be accompanied by a fellow work colleague, a trade
      union official or another person if so desired (excluding any qualified legal
      professional).
      Step 3         Allow the employee the right to appeal against any
      disciplinary action taken against them. If the employee does appeal a
      further meeting will be held, where possible with a more senior person
      than attended the first meeting.

Dismissal without warnings - `Summary Dismissal'
The employee will be summarily dismissed (in accordance with the Statutory
Dismissal Procedures above), if it is established, after investigation and hearing
the employee's version of the matter, that there has been an act of gross
misconduct, major breach of duty, or conduct that brings XXXX into disrepute.
There is no exhaustive list of conduct meriting summary dismissal but examples
are: -
1.     Deliberate damage to XXXX property
2.     Violence to other XXXX staff, clients or visitors
3.     Acts of dishonesty affecting XXXX or its clients
4.     Falsification of documents or records, including expenses claims
5.     Serious breach of safety rules
6.     Acts which bring the reputation or good name of XXXX into disrepute.
7.     Acts of incitement, harassment or actual acts of discrimination

Any decision by the Chief Executive to dismiss a staff member for gross
misconduct must first be discussed with the Chairperson of the Management
Committee, or another officer if the Chairperson is unavailable. The employee will
then receive written notice of their dismissal plus reasons.

XXXX reserve the right, in the case of investigations being made where there is
the possibility of dismissal, that the employee may be suspended on full pay until
the case is resolved.

Appeals
All employees have the right to appeal against any disciplinary decision.
In cases of a written warning an appeal must be made within 10 days in
accordance with Stage 2 of the Grievance Procedure.
In cases of a notice of dismissal an appeal must be made within 10 days in
accordance with Stage 3 of the Grievance Procedure.

GRIEVANCE PROCEDURE

In accordance with Standard Statutory Grievance procedures, the employee
must follow all steps of the Community Accounting Grievance procedure or
else they lose all rights to lodge any subsequent claims at an employment
tribunal.
Grievance procedures exist to ensure that any problems or issues an employee
may wish to raise are dealt with as quickly and effectively as possible.

Stage 1
An employee, who has a grievance about his/her employment, including any
disciplinary matter, should in the first instance try to resolve the matter with their
Line Manager.

Stage 2
If the matter is not resolved to their satisfaction or if, due to the nature of the
grievance the above stage is not appropriate, the matter should be raised
formally in writing with the Chief Executive. A meeting will then be held with the
employee, who may be accompanied by a fellow work colleague, a trade union
official or another person if so desired (excluding any qualified legal
professional). Following the meeting, the employee will be notified in writing the
decision of the Chief Executive.

Stage 3
If the matter is still not resolved or if again not appropriate, an appeal should be
made in writing to the Chairperson of the Management Committee, who will
convene an Appeals Committee consisting of the Chairperson and two other
Members of the Management Committee. A meeting will then be held with the
employee, who may be accompanied by a fellow work colleague, a trade union
official or another person if so desired (excluding any qualified legal
professional). The majority decision of the Appeals Committee will be final and
will be notified to the employee in writing.

Ten working days should be allowed at each stage for the matter to be resolved
before referring the matter upwards.

Any grievance or counter grievance will be heard separately in the order in which
they were initiated.