Wecome to the Disciplinary Section for employers, here you'll find lots of interesting and useful information regarding disciplinary procedures.

MODEL Disciplinary Policy & Procedure

The Company Disciplinary Policy has been designed to help and encourage all employees to achieve and maintain standards of conduct. This applies to all employees with twelve months or more continuous service and its aim is to ensure consistent and fair treatment.

This Policy complies with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Implementation of the policy is the duty of Line Managers. All employees are expected to comply. The Company welcomes the support of the recognised trade unions in seeking to implement this policy in a fair and consistent manner.

Whilst all employees are expected to comply with the policies in order to minimise the risk of claims against the company and individual employees, they are not contractually binding. The policies will be revised on a regular basis to ensure compliance with UK and European legislation and best practice.

DISCIPLINARY ISSUES - FAQ

DISCIPLINARY ISSUES - FAQ

•  How do I know what may be subject to action under the Disciplinary Procedure?

•  Employees should look at their terms and conditions of employment for guidance as to the rules of the company, as well as their handbook, policies and procedures, any other documents given to them from time to time and any information the Company makes them aware of, for example, SOPs, GMP related procedures and documentation and work instructions.

•  Can I have a representative if I am asked to attend a disciplinary hearing?

•  Yes. All employees are entitled to representation. This can be a trade union representative, employee representative or fellow employee. The right of representation also applies at any appeal hearing. The representative assists the employee in the preparation of their case, accompanies them to any investigatory or disciplinary hearing, asks questions on the employee's behalf at any disciplinary hearing, can speak on behalf of the employee and address the hearing. These rights enhance the statutory rights granted employee representatives.

•  What happens if my representative can't attend the hearing?

•  If your representative cannot attend you can suggest another reasonable alternative date for the hearing. This must be within five days of the original hearing date.

•  How long will a warning stay on my record for?

•  If it is an initial warning it will expire after 6 months. If it is a stage 2 warning, after 9 months and if it is a stage 3 final warning it expires after 12 months.

•  I don't agree with my warning - what can I do?

•  There is a right of appeal at each stage of the disciplinary hearing. A different line manager will hear your appeal.

•  Where an employee is suspected of stealing from the company does the manager have to prove that the employee actually stole company property?

•  An employer does not have to have conclusive proof that an employee has stolen from the company. However, any decision to dismiss has to be based on a genuine belief on reasonable grounds established after a reasonable investigation. This means that the investigation and subsequent disciplinary procedures must be carried out properly in accordance with the company policy. It does not mean that the employer has to prove beyond reasonable doubt that the employee did steal from the company.

•  I've been asked to give a witness statement regarding an alleged bullying incident. Can I remain anonymous?

•  Whether witness statements can remain anonymous depends on the facts of the case. The interests of all the parties need to be taken into account; the need to protect the witnesses will be balanced against the right of the employee to a fair hearing. Statements should be given in writing and made available to the employee or their representative. If anonymity is deemed to be fair, the name should be edited. The investigating person should consider whether the witness has any motive in giving false evidence. Is the witness's fear about giving a statement genuine? If the employee wishes to challenge the witness's evidence then the hearing should be adjourned so that questions can be put to the witness. Detailed notes of the disciplinary hearing must be taken.

•  Why are notes taken at a disciplinary hearing?

•  Notes should reflect what happens during the disciplinary hearing. They should be an accurate record of the hearing and should record accurately the date, time, and nature of any alleged breach, the people involved, the decision and the reasons for it. The employee should check and sign the notes as a true and accurate record after the meeting. The outcome should be communicated in writing to the employee after the hearing. It is important that records are kept in case of a later employment tribunal claim. Disciplinary records are confidential.

•  I need to hold a disciplinary hearing but the employee concerned has gone off sick. Can I make them attend the hearing?

•  The normal sickness procedure will apply. Contact the employee and try and get them to come in to work for the disciplinary hearing, if this is reasonable in the circumstances. Going ahead with the hearing in their absence is inadvisable. The employee must be given every opportunity to attend a hearing. The employee may agree to their representative appearing on their behalf or to make representations in writing. If every effort has been made to get the employee to attend a disciplinary meeting and this has failed then the disciplinary hearing may be held in their absence but only after advice has been sought from an HR representative.

•  Do I have the right to see witness statements made against me?

•  An employee is entitled to know the case against them so that they have an opportunity to defend themselves. The substance of the case must be disclosed and the employee must have the chance to respond to the allegations at the disciplinary hearing; provided the employer has acted reasonably it is not necessary to disclose every single shred of evidence against the employee.

•  I have been arrested for something that happened outside of work, could I lose my job?

•  Normally incidents that occur outside of the workplace will not justify the dismissal of the employee. If the incident will have an impact on the company, for example a criminal charge that could lead to imprisonment, the employer will still need to follow the disciplinary procedure. Relevant considerations will include the nature of the misconduct and their position in the company, the potential impact on the reputation of the company and the likely impact on other employees.