Stokers A5 Handbook Policies APR24

Stage 1: Written Warning A stage 1 Written Warning could be sanctioned where the misconduct is a first offence or not severe enough to progress to a harsher sanction within this procedure. The employee will be fully informed of the precise nature of the unacceptable conduct, the level of improvement required, review periods whilst the warning is active (if required) and the consequences of a repeat of similar or further misconduct. A stage 1 Written Warning will normally remain active on an employee’s personnel file for 12 months. Stokers reserves the right to vary the time period in appropriate circumstances. Stage 2: Final Written Warning A stage 2 Final Written Warning could be sanctioned where the employee has a live sanction for similar behaviour or conduct, where the severity of the misconduct is deemed to be more serious so escalation is required or if the employee has other live performance management sanctions on their personnel record. The employee will be fully informed of the precise nature of the unacceptable conduct, the level of improvement required and review periods whilst the warning is active (if required). The employee will be advised that if there is any further misconduct it is likely to result in their dismissal (with or without notice). A stage 2 Final Written Warning will normally remain active on an employee’s personnel file for 12 months. Stokers reserves the right to vary the time period in appropriate circumstances. Stage 3: Dismissal Failure to meet the requirements set out in a Final Written Warning or very serious instances of misconduct could lead to dismissal with appropriate notice or payment in lieu of notice. Cases of gross misconduct could result in dismissal without notice. The employee will be informed of the reasons for dismissal, the appropriate period of notice (if applicable), the date on which their employment will terminate and how the employee can appeal against the decision to dismiss. Stage 3: Alternative to Dismissal Stokers may as an alternative to dismissing an employee, impose an alternative penalty which will usually be accompanied by a final written warning.

will be held as soon as reasonably practicable, but the employee will be given a reasonable amount of time to prepare their case. Employees may bring a companion to any disciplinary hearing. The companion may be either a trade union representative or a colleague. The employee must tell the chair and/or HR Department who their chosen companion is, in good time before the hearing. A companion is allowed reasonable time off from duties without loss of pay but no-one is obliged to act as a companion if they do not wish to do so. If an employee or their companion cannot attend the hearing, the employee must inform the HR Department immediately and an alternative time for the hearing will normally be arranged. If a companion is unavailable at the time a hearing is scheduled the employee may be required to choose someone else. Employees must make every effort to attend a disciplinary hearing. If an employee fails to attend without good reason, or is persistently unable to do so (for example for health reasons), Stokers may have to take a decision based on the available evidence. The disciplinary hearing will be chaired by a manager who has not previously been involved in the case. A member of the HR department will also normally be present. At the disciplinary hearing, the chair will go through the allegations against the employee and the evidence that has been gathered. The employee will be able to respond and present any evidence of their own. Their companion may make representations and ask questions, but should not answer questions on behalf of the employee. The employee may confer privately with their companion at any time during the hearing. The chair may adjourn the disciplinary hearing if they need to carry out any further investigations before making a decision. The employee will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened. The Disciplinary Decision The disciplinary hearing chair will inform the employee in writing of their decision and the reasons for it, following the disciplinary hearing. Where the disciplinary chair decides to uphold any allegations against an employee, a disciplinary penalty will usually be imposed. Each disciplinary case will be assessed on its own merits and a suitable penalty imposed accordingly. The usual penalties for misconduct are set out below. Employees will not normally be dismissed for a first act of misconduct, unless the misconduct amounts to gross misconduct or the employee has not yet completed their probationary period.

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