Stokers A5 Handbook Policies APR24
DISCIPLINARY POLICY & PROCEDURE
INTRODUCTION Stokers will at all times endeavour to ensure that employees’ conduct and behaviour is at an acceptable standard. This policy provides a fair and objective framework to enable managers to ensure that those standards are met in every aspect of the business’s operations. In the vast majority of cases, the relevant line manager should address conduct issues informally at the earliest possible stage. There will be occasions, however, where more formal action under this procedure, will be required. POLICY In operating this policy and the procedure contained in it, the business intends that there will be fairness and consistency in the treatment of employees. However, the procedure can only be operated in a constructive, fair and consistent manner if all parties co-operate and behave responsibly. The procedure is used to deal with misconduct. It does not apply to cases involving genuine sickness absence, proposed redundancies or poor performance. Managers should liaise with the HR department for assistance in identifying whether a case is one of misconduct or incapability/poor performance. However, if an employee is currently under a live performance management sanction, Stokers reserves the right to take the sanction into consideration depending on circumstances relating to the allegations of unacceptable conduct. This policy does not apply to agency workers, consultants or self-employed contractors. It does not form part of any employee’s contract of employment. Stokers may amend this policy and/or the procedure contained in it at any time. GENERAL PRINCIPLES Unacceptable conduct is normally where the employee has broken the business’ policies and/or procedures. Acts of misconduct which could amount to disciplinary offences include (but are not limited to): • Persistent bad timekeeping; • Unauthorised absence;
The following are examples of misconduct that would normally be regarded as gross misconduct (this list is not exhaustive): • Insubordination or the refusal to carry out any lawful and reasonable instruction; • Deliberate damage to Company property; • Serious rudeness to, or swearing at colleagues, management or customers; • Incapacity whilst at work brought on by alcohol or illegal drugs; • Assisting, encouraging or procuring a colleague to commit any act which would justify gross misconduct; • Persistent unauthorised absence; • Serious abuse of Company Policies; • Theft, fraud or deliberate falsification of Company records; • Misuse of Stokers’ property or name; • Gross negligence which causes or might cause unacceptable loss, damage or injury; • Breach of confidentiality (subject to the Public Interest (Disclosure) Act 1998); • Copying, removing or transferring personal or sensitive data (as defined by the Data Protection Act 1998) from Company premises or destroying or altering that data; • Other offences of dishonesty; • Falsification of records, reports, accounts, expense claims or self-certification forms, whether or not for personal gain; • Sexual misconduct at work; • Fighting with or physical assault on a colleague or the public; • Possession, custody or control of illegal drugs on Company premises; • Serious breach of Companys rules, including, but not restricted to, health and safety rules and rules; • Conviction of a criminal offence that is relevant to the employee’s employment; • Conduct that brings Stokers’ name into disrepute; and • Discrimination or harassment of a fellow worker on the grounds of sex, sexual orientation, race, disability, age or religion or belief. If an employee has difficulty at any stage of the procedure set out in the policy because of a disability, they should
• Minor damage to Company property; • Failure to observe Company procedures; • Abusive behaviour towards colleagues or customers; • Unreasonable refusal to follow an instruction issued by a manager or supervisor; and • Poor attendance.
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