Disciplinary Procedure

DISCIPLINARY PROCEDURE

The aim of our Disciplinary Procedure is to ensure adherence to the Company’s rules, policies and procedures and to aid employees whose, performance, attitude or conduct falls below Company (Oisin Butler Limited) standards.

Issues will always be discussed before any decision concerning disciplinary action or dismissal is taken. The general principles of natural justice and fair procedures will be upheld at all times.

You may be suspended on full pay at any time or re-assigned or relocated to another business unit or work location in the course of the Disciplinary Procedure. The Disciplinary Procedure will only apply to an employee who has completed his/her probationary period.

The procedure outlined below may be abridged or varied by the Company at its discretion or as circumstances may dictate.

When you are asked to attend any meeting of a disciplinary nature you may be accompanied by a Company colleague.

 

Verbal Warning

In cases of minor infringements you will be requested to attend a meeting with your Manager or another member of management. However, if the manager feels that aspects of your performance or conduct are below standard you will receive a verbal warning. This warning will outline the improvements that must be made and that if those improvements are not made within a [3] month period then the next step of the procedure will be implemented.

This warning will remain active for [12] months. If the conduct or performance is satisfactory after this period it will be removed and it will be disregarded for future disciplinary purposes.

If there is a further allegation relating to conduct or performance within the 3 month period or if conduct or performance is not improved after the formal verbal warning the next step of this procedure will be implemented.

 

First Written Warning

Where your performance or conduct does no improve within the required time frame, you will be requested to attend a meeting with a member of management. At the meeting you will again be informed of the allegation relating to the performance or conduct which is below standard. If it is felt that further action is required you will receive a first written warning.

The warning will advise of the improvements that are required and that if these are not made that the next step in the procedure will be implemented.

This warning will remain active for [12] months. If the conduct or performance is satisfactory after this period it will be removed and it will be disregarded for future disciplinary purposes.

If there is a further allegation relating to conduct or performance within the 12-month period or if conduct or performance is not improved after the first written warning the next step of this procedure will be implemented.

Depending on the nature and seriousness of the offence a first warning may be given where no previous verbal warning has been given.

 

Final Written Warning

Where your performance does not improve within the required time frame, you will be requested to attend a meeting with a Senior Manager or another member of management. At the meeting you will again be informed of the allegation relating to the performance or conduct which is below standard. If it is felt that further action is required a final written warning.

The warning will advise of the improvements that are required and that if these are not made that the next stage in the procedure may lead to dismissal.

Consideration may be given to imposing alternative penalties to a final written warning such as suspension with or without pay for a specified period.

In more serious cases where no verbal or written warning have previously been given, a final written warning may be issued.

 

Dismissal

The Dismissal Stage applies normally after the completion of the first three stages, if your conduct or performance is still not acceptable to the Company. This stage may also be implemented in certain circumstances involving Serious Misconduct.

You will be requested to attend a meeting with a Director or Senior Manager. You may have another employee present at this meeting if you choose. Action will only be taken after a full investigation and once you have had an opportunity to answer the allegations. If it is felt that action is required you will then be dismissed.

 

Appeal

You may appeal against any warning. Any Appeal should be made in writing addressed to the person whose decision you are appealing. The Appeal should set out the grounds you are appealing. The Appeal will be conducted, where possible, by someone of appropriate seniority who has not been involved in the matter under appeal. Any appeal should arrive at the Company no later than 5 days after notification of the decision.

You will be informed of the findings of the appeal hearing, which will either, confirm the disciplinary action already advised, alter it to more appropriate action, or reverse it, thereby cancelling the disciplinary action.

The decision is final, and no further appeal may be made.

If you are appealing a decision to dismiss, the appeal will not affect the actual dismissal e.g. a P45 will still issue and all salary payments and benefits will cease. However, if the outcome of the appeal is to reverse the decision to dismiss you will be treated, insofar as possible, as if you were never dismissed and any back salary and benefits will be restored to you.

 

Serious Misconduct

There are certain actions, which might impair the company’s operations or jeopardise employee safety or our reputation. Such violations could subject a staff member to dismissal, with or without notice.

The following are examples of such actions, which could also be serious enough to warrant

Dismissal:

• Violent, abusive or threatening behaviour

• Theft or in any way misappropriating company property or money

• Malicious or wilful damage to Company property

• Reporting to work under the influence of drugs or alcohol

• Sexual Harassment

 

Suspension

If matters of sufficient seriousness come to light or if it is necessary to conduct a proper  investigation the Company reserves the right to suspend you with pay pending completion of  the investigation or, if appropriate, the disciplinary process.

I confirm that I have been given a copy of the Company’s Grievance, Disciplinary and Bullying and Harassment Procedures and Codes of Conduct and I hereby undertake to familiarise myself with and adhere to the codes and procedures to be taken following any breach of the code.

Signed: ___________________________

Dated: ___________________________