Disciplinary

Bristol Wireless - Disciplinary Policy

1. Introduction

Bristol Wireless recognizes the need to maintain good working relationships, standards of behaviour and performance, in order to ensure safe working practices and high standards of work are maintained throughout the organisation.

2. General

Most employees and volunteers understand rules are necessary if an organisation is to run in a smooth and orderly manner and for most employees discipline will be self-imposed. However, there are times when it becomes necessary to take action against an employee whose behaviour or performance is unacceptable.

It is The Directors responsibility to ensure staff and Volunteers receive adequate training, guidance and support in order to carry out their work to the required standard. To this end, except in serious cases, any unsatisfactory work performance will normally be dealt with in the first instance by informal discussions and, if necessary, further training and/or working under supervision. It is emphasised that such informal discussions, training or supervised practice are not necessarily disciplinary measures but are actions taken to help employees and volunteers improve their performance. Arrangements of this kind may, therefore, also be made to help employees improve their work performance in cases where disciplinary action is not taken.

All employees and volunteers from the first day of employment must be afforded the right to be accompanied by a representative at hearings. A disciplinary hearing is defined as a hearing which could result in a formal warning or some other form of disciplinary action. A representative can be either a fellow employee or volunteer or a trade union official.

3. Purpose

The aim of the Disciplinary Procedure is to give Bristol Wireless Directors an opportunity to indicate, and to take action over, unsatisfactory work and conduct and, wherever possible, to give the employee or volunteer an opportunity to improve. By means of this Disciplinary Procedure it is hoped to promote fairness and consistency in the treatment of employees and volunteers in Bristol Wireless.

4. Responsibilities.

Directors are responsible for communicating co-op rules and standards expected in their projects and ensuring that staff are aware of them.

Employees and volunteers are responsible for their own behaviour and must familiarise themselves with The co-op rules and standards when joining the co-op.

5. Authority to suspend/take disciplinary action.

All Bristol Wireless Directors have the authority to suspend from work on full pay (see section 6 of this policy). Normally this would be within their area of control but there may be circumstances which necessitate a Director or supervisor from another area to suspend.

All Bristol Wireless Directors have the authority to carry out investigations (see section 7 of this Policy) and to take disciplinary action up to and including Final Written Warning.

6. Suspension.

6.1 In certain cases an individual may be suspended on full pay pending further enquiries into the problem or incident. Suspension is not in itself a disciplinary measure but is a neutral act taken in order to give time for a full and fair investigation to take place. No record will be kept of the suspension should the employee or volunteer be later exonerated.

6.2 Suspension would normally be carried out by a Director.

Circumstances in which an employee may be suspended may include the following

6.3 To provide a cooling off; period in situations where this is appropriate.

6.4 The continued presence of an employee or volunteer is not in the best interests of the employee or volunteer, the client, the co-op, other staff or volunteers.

6.5 On the evidence available and in the opinion of the Director the incident may be so serious that summary dismissal could result and further enquiries are needed.

6.6 Criminal charges have been brought against the employee or volunteer or there is evidence of suspected criminal activity which is connected with or may affect the employee's performance or suitability for continued employment.

6.7 The reasons for suspension will be confirmed in writing. The letter of suspension will:

• state the employee or volunteer must be available to be contacted by Bristol Wireless during normal working hours;
• state the employee or volunteer must not attend the workplace without permission (and state who may give that permission);
• state that they are not allowed to access any password protected parts of the Bristol wireless network;
• state any special conditions required during the period suspension;
• remind the employee or volunteer that suspension is not part of the discipline procedure, and does not mean a decision has already been taken - it is viewed as a neutral act.

6.8 Every effort will be made to minimise the period of suspension but sufficient time will be necessary to allow full enquiries to be carried out.

6.9 All suspensions will be on full pay and must be reported at the earliest opportunity to the appropriate Director.

7 Preliminary Investigation

When a matter arises or an incident occurs which could lead to disciplinary action, then an investigating officer must be identified. The investigating officer will normally be a Director of Bristol Wireless. The role of the investigating officer will be to establish the facts and decide whether any follow up action is required.

This may include interviewing the employee or volunteer concerned to enable them to explain their position, and interviewing/obtaining statements from any other people involved and/or witnesses. The investigation should be carried out promptly and, where appropriate and available, witness statements obtained before recollections fade.

If it is decided that further action is required then it is the role of the investigating officer to present the facts to the Directors who will make a decision as to what, if any, action is required. A disciplinary hearing should then be set up with a minimum of delay.

8. Stages of Disciplinary Action

The stages of disciplinary action are set out below. These will normally be taken sequentially. However, there will be instances where, depending on the seriousness of the offence, it will not be appropriate to start at the first stage. An action may therefore start at any stage to the circumstances of the individual cases.

The procedure allows the stages of disciplinary action other than termination of employment or volunteering to be used on more than one occasion depending on the particular circumstances of the case and reasons for the disciplinary action.

Prior to the formal procedure being invoked, the employee or volunteer needs to be made aware that there is a potential problem which needs attention. Minor cases of misconduct and poor performance may be best dealt with by informal advice and coaching rather than through the disciplinary procedure. In most circumstances this informal procedure will bring about the required change, and will be part of normal day to day discussion between the employee or volunteer and the Directors. There may not, therefore, be a formal record of this meeting and there will be no right to representation or appeal.

If this action is not effective, or for more serious conduct or performance issues, then the stages of the formal procedure are as follows below.

Before a decision is reached or any disciplinary action is taken, an investigation as outlined in section 7 of the above and a disciplinary hearing as set out in section 12 below must be carried out, at all stages of the Disciplinary Procedure. The employee or volunteer has the right to be accompanied by a representative at hearings arranged under any stage of the Disciplinary Procedure. A representative can be either a fellow employee oe volunteer or a trade union official.

8.1 Stage 1 - Verbal Warning (recorded in writing)

For the first breach of discipline related to poor conduct or performance a verbal warning may be given. The employee or volunteer will be told that a verbal warning is being issued and that if there is no improvement in conduct or performance, this warning may be taken into account in subsequent disciplinary procedures. The employee or volunteer must be informed of the reason for the warning and that it constitutes the first step of the disciplinary procedure. A copy of the Disciplinary Procedure (i.e. this document) will be sent to the employee.

A verbal warning will normally be valid for up to six months and will normally cease to have effect after that time.

The employee or volunteer has the right to appeal against a verbal warning. The appeal will normally be heard by a impartial mediator to be agreed by both parties at the time. Appeals must be made in writing within 7 days of the warning being issued. The decision of the mediator hearing the appeal will be final. Please see separate Appeals Procedure.

8.2 Stage 2 - First Written Warning.

If there is no improvement in conduct or work performance after counselling and/or a verbal warning, or in more serious cases, a first written warning may be issued.

The written warning should give details of the reason for the warning, the improvement or change in behaviour required, the timescale allowed for this and the right of appeal.

A first formal warning will normally cease to have effect after 12 months and will not be taken into consideration when determining further disciplinary action against an employee or volunteer after that time.

The employee or volunteer has the right to appeal against the decision to issue a first written warning. The appeal will be heard by a impartial mediator to be agreed by both parties at the time.

Appeals must be made in writing within 7 days of receipt of the letter informing employee or volunteer of the decision. The decision of a impartial mediator to be agreed by both parties at the time will be final. Please refer to the separate Appeals Procedure.

8.3 Stage 3 - Final Written Warning

If the employee or volunteer fails to meet the required standards of work or conduct following the issue of a first written warning, or in the event of more serious issues, a final written warning may be given.

The written warning should give details of the reason for the warning and warn the employee that failure to meet the required standards of work or conduct may lead to dismissal or to some other action short of dismissal and refer to the right of appeal.

A final written warning will normally cease to have effect after 12 months and will not be taken into consideration when determining further disciplinary action against an employee or volunteer after this time.

In certain circumstances (see Section 10 below) a final written warning may be placed on an employee or volunteer's file for the duration of their employment. The employee or volunteer will be informed at the time if this decision is to be taken. If this is being considered it is essential that advice is sought from the Management Committee.

The employee or volunteer has the right to appeal against the decision to issue a final written warning. The appeal will normally be heard by a impartial mediator to be agreed by both parties at the time. Appeals must be made in writing within 7 days of receipt of the letter informing the employee of the disciplinary action. The decision of the mediator hearing the appeal will be final. Please refer to the separate Appeals Procedure.

8.4 Stage 4 - Termination of Employment - With Notice

(For dismissal without notice see Section 9 below)

Failure to meet the required standards of work or conduct following the issue of a final written warning, or more serious breaches in conduct, will result in termination of employment.

If the disciplining officer decides to terminate the employment this will be confirmed in writing within seven working days of the decision being taken. The letter will:

• state the reason/s for termination of employment;
• give the length of notice;
• state whether or not the notice period will be worked or payment given in lieu;
• state the effective date of termination;
• include the employee's right of appeal, to whom and the time limit for appeal;
• enclose copies of the Disciplinary and Appeals Procedures.

The employee has the right to appeal against dismissal. Appeals must be made in writing within 7 days of receipt of the dismissal letter. Appeals against dismissal will always be sent to the chair of the Management Committee. The Chair may delegate the appeal to be heard by an appropriate senior manager, but not by the disciplining officer. The decision of the Chair, or the manager delegated to hear the appeal, will be final. Please see separate Appeals Procedure.

9. Summary Dismissal, ie Dismissal without notice

9.1 Summary dismissal will only be used in exceptional circumstances for serious cases of gross misconduct

9.2 An investigation as outlined in paragraph 7 above and a disciplinary hearing as set out in paragraphs 12 below will be carried out. Summary dismissal will take effect from the time of the disciplining officer's decision, and payment will cease immediately. Payment in lieu of annual leave accrued to the time of dismissal will be made but no notice or payment in lieu of notice will be given.

9.3 The action taken will be confirmed in writing as set out in paragraph 8.4 above.

9.4 The employee or volunteer has the right to appeal. All appeals against dismissal will be sent to the Chair of the Management Committee. The Chair may delegate a senior manager other than the disciplining officer to hear the appeal. The decision of the Chair or the manager delegated to hear the appeal, will be final. Please see separate Appeals Procedure.

10. Action short of dismissal

If an employee or volunteer has reached the point where the next stage of disciplinary action would normally be termination of employment, the disciplining officer may, at his/her discretion, consider alternative action.

In deciding whether alternative action may be appropriate mitigating circumstances, including length of unblemished service and previous employment history, will be taken into account. The disciplining officer should also take account of the employee's views before making a decision about any suitable alternative action.

Alternative action may include demotion, transfer, a final written warning of unlimited duration, or such other action as the disciplining officer deems appropriate in all circumstances of the case.

Whenever this action is being considered, advice must be sought from the Management Committee. The employee may appeal to the chair of the management committee after such a decision has been taken, just as if he had been dismissed, and such appeal will have the right to vary whatever action is taken, including to terminate the employee.

11. Cirminal Offences

The fact that an employee has been charged, remanded in custody or convicted of a criminal offence outside of employment will not be regarded as an automatic reason for dismissal or other disciplinary action. However, employees have a duty to notify the manager of any prosecution or impending prosecution and this will then be considered. The main considerations in determining whether disciplinary action should be taken is whether circumstances and the alleged offence render the individual unsuitable for his/her type of work.

Appropriate action will not normally need to await the outcome of the criminal proceedings and will depend on the facts of the case.

Some areas of work may make dismissal for such criminal action automatic, e.g. under the Children's Act.

This is a complex area and it is essential that legal advice is taken when this arises.

12. Procedure to be followed for formal disciplinary hearings

Following a preliminary investigation the procedure to be followed for a formal disciplinary hearing will be as follows

12.1 The disciplining officer will inform the employee in writing of:

• The date and time of the hearing and the issues to be discussed;
• the employee's right to state his/her case;
• the employee's right to call witnesses at a disciplinary hearing;
• the employee's right to be accompanied by a representative of his/her choice.
• Any relevant written statements or supporting evidence should be made available to the employee prior to the hearing. At least seven day's notice of the arrangements will be given by the manager and the hearing should be held as soon as possible.

12.2 The employee's operational manager or supervisor, if he/she is not the disciplining officer, will normally be present at the hearing and will normally be the investigating officer.

12.3 Both sides will be given an opportunity to call and question witnesses, and notes will be made of points raised during the meeting.

12.4 The disciplining officer may adjourn the hearing at any point during the procedures. Both sides may also request adjournment at any point during the proceedings and these requests will not be unreasonably refused.

12.5 Having investigated the matter and questioned all concerned, the disciplining officer may then adjourn before deciding whether or not disciplinary action should be taken.

12.6 If disciplinary action is taken this will be confirmed in writing within seven working days by the disciplining officer.

The letter will confirm :

• 12.6.1 The disciplinary action to be taken.
• 12.6.2 The nature of the offences/problems.
• 12.6.3 The reason for the disciplinary action
• 12.6.4 In the case of warnings, that repetition of the offence or similar or related offences/problems will lead to further disciplinary action.
• 12.6.5 The length of the time of warning will remain of file.
• 12.6.6 The employee's right of appeal.
• 12.6.7 Enclose a copy of the Appeals Procedure.

13. Disciplinary action against a recognised trade union representative

The same disciplinary standards clearly must apply to accredited representatives of recognised trade unions as to all other employees. However, because of the particular responsibilities of trade union representatives no disciplinary action beyond a verbal warning should be taken until the full-time officer or senior representative has been informed and given reasonable opportunity to accompany and advise the trade union representative at a disciplinary hearing.

Appeals Procedure

1. Introduction

This procedure is to be used for appeals against management decisions. These will include appeals against disciplinary action, decisions on restructures, grading decisions and other management decisions where the right to appeal has been given.

Appeals must be lodged, in writing, in the time-scale specified in the Procedure below.

Where an employee believes he/she has a grievance or is unhappy about a management decision which does not have the express right of appeal, then the separate Grievance Procedure should be used.

The Procedure below refers to appeals against decisions following disciplinary action, but is the basis upon which all appeals should be processed.

2. general Principles

2.1 Initiating an Appeal

Where the right of appeal has been expressly granted, employees may appeal against a management decision. They will be told at the time of the decision to whom the appeal should be addressed. The appeal must be lodged in writing in preferred format, usually within 7 days in the case of appeal against disciplinary action, or by the date specified at the time of other decisions. A time limit will then be set for hearing the appeal.

The grounds for the appeal should be clearly stated and would normally fall under one or more of the following headings:

• 2.1.1 A point of law
• 2.1.2 A point of procedure
• 2.1.3 A point of fact
• 2.1.4 New evidence
• 2.1.5 Unfair decision
• 2.1.6 The severity of the penalty

2.2 Appeals "Panel"

An appeal will normally be heard by the next higher reporting level of manager, who has not been previously involved in the details of the case. The panel will always be made up of a minimum of two people (the manager and another M.C. member). The manager may appoint a third panel member who will not have been previously involved in the matter under Appeal, for specialist advice on the substance of the Appeal.

The decision of the Appeal Panel will be final.

Appeals against dismissal will normally be heard at M.C. level.

2.3 Notice of Hearing

The employee will be notified, in writing, at least 7 days in advance, of the time and place for the hearing. The employee must attend the hearing and may be accompanied by a representative of his/her choice.

The employee may decide to be legally represented but he/she will be responsible for any costs incurred. In these circumstances Bristol Wireless may also elect to be legally represented, and the employee should give advance notice.

If the employee fails to attend the Appeal hearing without good reason, then the hearing will go ahead in his/her absence and a decision will be made on the information available. The decision made will be final.

2.4 Time-scales for Appeals

All appeals will be heard as soon as practicable and normally within five weeks of receipt of the appeal.

2.5 Prior to the Appeal Hearing

The employee will have already submitted written grounds for Appeal but may wish to submit further statements. The Manager will also submit written details and reasons for his/her decision.

Documents for consideration by the Appeal Panel must be exchanged 7 days prior to the hearing. At the same time details of any witnesses should be submitted in order that arrangements may be made to allow them access to the building etc.

The onus will be on the disciplining officer and the employee concerned, to arrange for their witnesses to attend the hearing.

2.6 Adjournments

Either side to the appeal may request an adjournment at any time during the hearing and this request will not be unreasonably refused. For example, where new evidence arises during the appeal it may be necessary to adjourn in order to investigate or consider such points.

The Appeal Panel may, at their discretion, adjourn the appeal in order that further evidence may be produced by either party, or for any other reason.

2.7 Witnesses

Witnesses will be called individually and both parties and members of the Appeal Panel must be given the opportunity to question them immediately after they have given evidence. The Appeal Panel may ask them to remain available for recall until the hearing has been completed, but they will leave the room once they have completed their evidence and answered questions.

Both parties will have the opportunity to re-examine witnesses on any matter referred to in the questioning.

3. Procedure for the hearing

Nothing in the following will prevent members of the Appeal Panel from asking for clarification at any time. However, the following procedure should be observed

3.1 The manager will present the case first, in the presence of the employee, calling witnesses as required.

3.2 The employee and his/her representative will be invited to ask questions of the manager.

3.3 Members of the Appeal Panel will also be able to ask questions of the manager and witnesses.

3.4 The employee or his/her representative will put his/her case in the presence of the manager and may call witnesses.

3.5 The manager will be invited to ask questions of the employee and witnesses.

3.6 The members of the Appeal Panel will also be able to ask questions of the employee and witnesses.

3.7 The manager and the employee and his/her representative will be invited to sum up their cases if they wish. The employee will have the right to speak last. In summing up, neither of the parties may produce new matter.

3.8 The manager, the employee and/or his/her representative will withdraw to allow the Appeal Panel to deliberate in private. Both parties may recalled to clear points of uncertainty on evidence already given. If recall is necessary, both parties will return notwithstanding that only one is concerned with the particular point giving rise to doubt. In the case of appeal against disciplinary action, previous related issues and mitigating circumstances should be taken into account before a decision is taken.

4. Communicating the decision

The employee will normally be advised of the outcome verbally as soon as the Appeal Panel has made a decision. In some cases however this may not be possible and the Appeal Panel will indicate when a decision will be made. This will be with the minimum of delay, considering all the circumstances. If there is a delay, then arrangements should be made to telephone the decision to the employee at the earliest possible time. In any case the decision will be confirmed in writing. It must be made clear to the employee that the Panel's decision constitutes the final stage of the appeals procedure.

The decision of the Appeal Panel will be final in all cases.