Our agreed policies are contained here and if you have any questions or would like further information, please contact the Governance Officer. There are sometimes situations for which we do not have a policy, and limited occasions where a policy may be adapted at our discretion;
The contents of this Handbook may be altered at the discretion of the DBF for their own purposes or as required by legislation. Any changes required by legislation will be deemed to take effect as at the effective date of the legislation, even if an alternative policy has not been issued. The terms of any other alteration will be communicated to staff.
Disciplinary Procedure
Introduction
The disciplinary procedure outlined below is for the purpose of promoting fairness and consistency in the treatment of employees. The procedure will only be used where necessary and may be implemented at any stage if the circumstances warrant such action. The procedure is not contractual but applies to all employees who should familiarise themselves with its provisions.
No disciplinary action will be taken until the case has been carefully investigated and the employee has had the opportunity to respond to the allegations and been made aware of the evidence against them. All disciplinary matters will be dealt with without undue delay.
Procedure
1. Investigation
When a disciplinary matter arises:
1.1 An investigation will take place, as soon as reasonably practicable, to establish the facts and, where appropriate, obtain statements from any available witnesses.
1.2 The employee will be informed of the complaint against him/her in writing.
1.3 The employee will be allowed access to any relevant information and papers.
1.4 Having investigated all the facts the manager will decide whether there is no case to answer, deal with the matter informally or arrange for the matter to be dealt with under the disciplinary procedure.
2. Disciplinary Procedure
2.1 Before a decision is reached or any disciplinary action taken there will be a disciplinary hearing.
2.2 The employee will have an opportunity to state their case and answer the allegations that have been made.
2.3 The employee has the right to be accompanied by a colleague or union representative at any disciplinary hearing, who shall be entitled to address the hearing but not answer questions on behalf of the employee.
Disciplinary Actions
Oral Warning
In the case of minor offences the employee will be given a formal oral warning. The employee will be advised of the reason for the warning, the formal nature of the warning and possible future consequences.
Written Warning
In the case of more serious offences or a repetition of earlier minor offences the employee will be given a written warning, setting out the precise nature of the offence, the likely consequences of further offences and specifying, if appropriate, the improvement required and over what period. This may include a statement that any recurrence or no improvement may lead to a final written warning.
Final Written Warning
In the case of a sufficiently serious offence or a repetition of earlier offences the employee will be given a final written warning, setting out the precise nature of the offence, the likely consequences of further offences and specifying, if appropriate, the improvement required and over what period. This may include a statement that any recurrence or no improvement may lead to a dismissal or to some other action short of dismissal.
Dismissal
This stage will normally result from continued failure by the employee to act on previous warnings or an act of gross misconduct. In the case of gross misconduct the employee will normally be dismissed without notice or payment in lieu of notice. The Employer reserves the right in certain circumstances not to dismiss, but to apply the sanction of demotion, or suspension without pay.
If the decision to dismiss is made the employee will be informed in writing as soon as is reasonably practicable of the reasons for dismissal, the date on which the contract between the parties will terminate, the appropriate period of notice and of the right to appeal.
Suspension
Where the employee is accused of an act of serious or gross misconduct he/she may be suspended from work on full pay pending the outcome of the disciplinary procedure. Such suspension is not a form of disciplinary action.
Appeal
In an employee is dissatisfied with a disciplinary decision arising from the formal procedure, he/she may appeal in writing within five working days.
The employee will be informed of the date of the appeal hearing within five working days of notice of the appeal being lodged. The appeal hearing will be held as soon as is reasonably practicable.
Where new evidence arises prior to or during the appeal the employee will be given access to any relevant information or evidence and will have the opportunity to make representations.
The employee will have the right to be accompanied to any appeal hearing by a colleague.
Gross Misconduct Offences
The following are non-exhaustive examples of the sort of offences which, if committed, will normally lead to summary dismissal:
- negligence resulting in serious loss, damage, or injury
- assault or attempted assault;
- theft;
- malicious damage to property;
- wilful disregard of duties or of instructions relating to the employment;
- falsification of records;
- sexual, racial or other harassment of a fellow employee;
- being under the influence of drugs or alcohol while working;
- unauthorised absence
- serious breach of our policies or procedures
- bringing the organisation into disrepute.
- giving, offering or soliciting a bribe.
Record Keeping
A copy of all formal warnings will be kept on an employee’s personal file;
A note of an oral warning will be retained for a period of six months;
A copy of a written warning will be retained for a period of twelve months;
A copy of a final written warning will be retained for a period of twelve months.
If an employee’s breach of the Employer’s rules is dealt with under the formal disciplinary procedure, a record will be kept of the breach, the employee’s defence or mitigation, minutes of the disciplinary hearing, the action taken and reasons for it, whether an appeal was lodged, its outcome and any subsequent developments. These records are confidential and will be retained on the employee’s personal file in accordance with Data Protection laws.
Grievance Procedure
If an employee has any questions or grievances relating to any aspect of their employment, they may seek redress in the following manner:-
- In the first instance the employee should refer the grievance orally to their line manager.
- If the grievance is not thereby resolved or if the employee considers that they have not been fairly treated, the employee may apply in writing to their line manager, and the matter will be dealt with as a formal grievance. A meeting will take place with the employee to discuss the grievance.
- If the grievance is not thereby resolved or if the employee considers that they have not been fairly treated, the employee may appeal within 5 working days. An appeal meeting will then take place with the employee the outcome of which shall be final.
Procedure
When an employee raises a formal grievance;
- It will be investigated without undue delay. The employer will, as soon as reasonably practicable, establish the facts and, where appropriate, obtain statements from any available witnesses. A hearing will then be arranged to discuss the grievance.
- At any hearing the employee may be accompanied by a colleague or trade union representative of their choice.
- The employee will be informed in writing of the outcome and the reasons for the outcome.
- Such response will be issued no later than 10 days following the conclusion of the investigation. If for any reason it is not possible to respond within this time scale the employee will receive an explanation for the delay and will be told when they will receive a response.