Sign Solutions aims to encourage high standards in individual performance and conduct. The standards which employees are expected to adhere to are in relation to the policies and procedures which are detailed within the Contract of Employment and Staff Handbook, which will be amended from time-to-time. This procedure is non-contractual and does not form part of any contract of employment. This procedure will apply to all employees with the aim of ensuring consistent and fair treatment for all in the organisation. PRINCIPLES: The disciplinary procedure is the means by which rules are observed and standards are maintained. It provides a method of dealing with any shortcomings in conduct or performance and can help an employee to become effective again. (i) The disciplinary policy is not primarily a means of imposing sanctions and does not necessarily lead to dismissal; (ii) The Disciplinary Procedure is designed to establish facts quickly and to consistently deal with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated; (iii) At every stage the employee will be advised of the nature of the complaint against them and will be given the opportunity to state their case before any decision is made. The employee will have the opportunity to state their case and to be supported by a work colleague or union representative of their choice, subject to diary management; (iv) Informal and Stage One warnings may be given by the employee’s Line Manager or by the Managing Director or CEO (v) Only the Employee’s Managing Director and CEO have the right to give Stage Two warnings, suspend or dismiss an employee of Sign Solutions; (vi) Any breaches of the Interpreters’ Code of Ethics may also be subject to the NRCPD or ASLI Complaints Policy; (vii) The procedure may be implemented at any stage if the employee's alleged misconduct warrants such action; (viii) The employee will have the right to appeal against any discipline imposed. * TYPES OF UNACCEPTABLE BEHAVIOUR / CONDUCT: Types of behaviour and/or conduct that can lead to disciplinary action may include, but are not limited to: Unsatisfactory performance; misconduct: a) failure to observe a reasonable order or instruction; b) declining standard of performance of duties; c) breach of requirements as specified in the job description or in the Contract of Employment; d) breach of company policy or procedures; e) inadequate time keeping; Page 1 of 5 V0.1 17/09/21
f) absence from duties without proper cause; Gross misconduct: g) disclosure of confidential information; h) conduct detrimental to the interests of Sign Solutions; i) theft, fraud, deliberate falsification of records j) harassment, fighting or assault on another person k) deliberate damage or misuse of Sign Solutions property l) incapacity for work due to being under the influence of alcohol or illegal drugs m) serious negligence which causes unacceptable loss, damage or injury n) serious act of insubordination o) unauthorised entry to computer records p) Serious disregard of Sign Solutions’ Equal Opportunities or Health & Safety policies q) any serious breach of the Interpreter’s Code of Ethics r) committing an act outside work or being investigated or convicted for a criminal offence which is liable to adversely affect the performance of the contract of employment and/or the relationship between the employee and Sign Solutions* * Because of the nature of the work undertaken through Sign Solutions, any employee being investigated for a criminal offence may be suspended from work without pay. Any employee convicted of a criminal offence will be liable for instant dismissal without payment in lieu of notice. PROCEDURE The following describes the different stages of the disciplinary procedure. If however, the incident is so serious (i.e. gross misconduct or serious gross misconduct), then the matter can move straight to the later stages of the procedure or dismissal. Investigations: For most stages detailed below, a full investigation of the potential disciplinary matter will be carried out to establish the facts. Some matters however, may be deemed so serious, or have such serious consequences, that they may call for dismissal without notice or investigation. Investigations will take the form of either an investigatory meeting with the staff member, or by collation of evidence by managers. After the investigation, what action is reasonable or justified will be decided by the investigator and will depend on all the circumstances of the particular matter. Matters which are decided to be dealt with informally: Informal Warning: When someone is not performing satisfactorily or is misbehaving at work, for instance, the first priority should be to improve in the particular area. Sometimes all that is required to bring on an improvement is an informal discussion about the offending behaviour. A brief note of the date on which the issue was discussed and what action was agreed will be recorded on file. Page 2 of 5 V0.1 17/09/21
Matters which are decided likely to be dealt with by way of formal disciplinary procedures: The employee will be informed of such in writing, setting out full details of the matter, and inviting the employee to attend a disciplinary meeting to discuss the matter. The member of staff has the right to be accompanied at such disciplinary meeting. After the disciplinary meeting, management will decide whether or not disciplinary or other action is justified and inform the employee accordingly in writing: Formal Disciplinary Stage 1 Depending on the nature of the incident, i.e. unsatisfactory performance, behaviour or misconduct, gross misconduct, any of the following 1st stage procedures may be taken: Improvement note If performance does not meet acceptable standards the employee will normally be given an improvement note, which constitutes the first stage of the formal disciplinary procedure. The improvement note will set out the performance problem, the improvement that is required, the timescale and any help that may be given. A record of the improvement note will be kept on file but will be considered spent after 12 months, subject to achievement and sustained satisfactory performance. Or: Verbal warning OR First written warning If performance and/or conduct do not meet acceptable standards the employee may be given a verbal warning or first written warning, which constitutes the first stage of the formal disciplinary procedure. The warning will give full details of the problem, the change/improvement that is required, the timescale and any help that may be given. A record of the warning will be kept indefinitely, but will be disregarded for disciplinary purposes after a period specified in the warning note (minimally twelve months) and subject to satisfactory improvement or change. A final written warning may be considered if there is no sustained satisfactory improvement or change. Formal Disciplinary Stage 2 Final written warning If the offence is sufficiently serious, or there is a failure to improve during the currency of a prior warning for the same type of offence, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to action under Stage 3 and will also refer to the right of appeal. A copy of this written warning will be kept on file but will be disregarded for disciplinary purposes after twelve months, subject to achievement and sustained satisfactory conduct or performance. Formal Disciplinary Stage 3 Either: Dismissal If there is still a failure to improve, the final step in the procedure may be dismissal or some other action short of dismissal such as demotion or disciplinary suspension. Dismissal decisions can Page 3 of 5 V0.1 17/09/21
only be taken by the employee’s Line Manager, in consultation with the Managing Director or CEO .The employee will be provided, as soon as reasonably practicable, with written reasons for dismissal, the date on which the employment will terminate, and the right of appeal; Or: Other sanctions If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement, and will be advised of the right of appeal. A copy of the written warning will be kept on file but will be disregarded for disciplinary purposes after twelve months, subject to achievement and sustained satisfactory conduct or performance. STATUTORY DISCIPLINARY AND DISMISSAL PROCEDURE Where an employee faces dismissal, or certain action short of dismissal such as loss of pay or demotion, the minimum statutory procedure will be followed. This involves: Step 1: a written note to the employee setting out the allegation and the basis for it Step 2: a meeting* to consider and discuss the allegation Step 3: a right of appeal, including an appeal meeting. The employee will be reminded of their right to be supported. *Where possible a face-to-face meeting will be arranged, but where diary management or geographical location makes this impracticable, the meeting may be via a telephone or video/webcam call. GROSS MISCONDUCT Where the employee is accused of an act of gross misconduct, they may be suspended from work on full pay, normally for no more than five working days, while the alleged offence is investigated. If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice. APPEALS An employee who wishes to appeal against any disciplinary decision must do in writing to Sean Nicholson or alternative company elected representative within five working days. The CEO will take professional advice and decide the case as impartially as possible. Additional information can be obtained from: ACAS - 08457 474747 www.acas.org.uk Note to line-managers: Page 4 of 5 V0.1 17/09/21
Please also refer to Disciplinary Process Guidance Notes. Page 5 of 5 V0.1 17/09/21
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