This procedure covers two types of offence, minor and major offences. Examples of minor offences are absenteeism, unsatisfactory timekeeping, poor quality of work and lack of care with company equipment. Examples of major offences are dishonesty, physical violence, unlawful discrimination, deliberate damage to company property and deliberate falsification of records.
If the director (or if the employee is the director the chair of the board of trustees, with this being the case throughout this policy) believes that an employee has committed an offence covered by this procedure the director may enact this procedure.
When enacting this procedure the line director must inform the employee in writing whether the alleged offence is being treated as a minor or major offence and give the employee written details of the alleged offence.
Within five working days of an alleged offence or of the director becoming aware of what s/he believes to be an offence the director and a trustee nominated by the chair of the board of trustees must meet the employee at a disciplinary hearing to discuss the alleged offence. The director and nominated trustee may seek legal advice before or after this hearing if they consider it necessary. At all disciplinary hearings the director and trustee will discuss the alleged offence with the employee, tell the employee what action they intend to take over the offence and inform the employee of their right of appeal against any decision taken by the hearing. The employee will be asked to state his/her case before any decision is made. Details of any action to be taken against the employee following such a meeting must be given in writing to the employee within five working days of the meeting.
A written warning may be given to an employee at such a disciplinary hearing. In the case of a second or subsequent minor offence or a major offence a final written warning may be given. In the case of a third or subsequent minor offence or a major offence the employee may be dismissed.
No disciplinary action will be taken against an employee until the case has been investigated. In the case of an alleged major offence the director may suspend an employee on full pay until a disciplinary hearing is held.
All employees have the right to appeal against any finding or action of a disciplinary hearing. If the employee intends to appeal against a decision of a disciplinary hearing s/he must lodge the appeal with the director within five working days of the hearing. If an employee lodges such an appeal, the line manager must inform the chair of the board of trustees who will establish an appeals panel of the board of trustees made up of the chair of the board of trustees and two other trustees. This panel will meet within 10 working days of the appeal being lodged to hear from the employee and the director and make a final decision on the matter.
All employees are entitled to be accompanied by a person of their choice when facing a disciplinary hearing and any subsequent appeal.
This policy will be reviewed by the board of trustees at least every calendar year.
