Disciplinary Hearing

You will be invited in writing to the disciplinary hearing with a minimum of 24-hours’ notice which should give you enough time to prepare. We may give more notice in longer or more complex situations, particularly where there are large amounts of evidence to digest.

The letter will explain what the allegations are against you, whether the allegations are ordinary or gross misconduct, what kind of sanction could be issued and also the evidence that is being considered as part of the meeting, so you can prepare ahead of time.  At this meeting you have the right to be accompanied by either a work colleague or trade union representative.

You need to do all you can to attend the hearing, but if either you or your chosen companion are not able to attend on the date given (with a good reason), the hearing can be rescheduled. You should provide us with a new date and time as soon as possible and it must fall within 5 working days of the date and time you were originally given.

Where possible, the hearing will be held in person and chaired by a different individual to the one who completed the investigation.  In our current technological age it is possible that one or more individuals involved in the Hearing will appear at it “virtually” i.e. via Zoom or Microsoft Teams.  It is the Company’s policy to reduce unnecessary travel where possible and facilitate meetings in an efficient and effective manner.  This is why the use of video conferencing has been deemed as acceptable by us for Hearings.  We also have a policy of recording Hearings.  This is so there is an indisputable record of the meeting, and it can be used to generate accurate meeting minutes.  You will be provided with a copy of the recording and meeting minutes should you wish it.

Depending on how serious the allegations are, the disciplinary process could start at any level and we may skip warning levels depending on the situation. This can include dismissing for a first offence, rather than working up through warning levels.

The types of warnings that could be issued as a result of a disciplinary hearing are:

Verbal Warning (Level 1) – if it has been found that you have committed a minor offence you will be given a verbal warning that continued or repeated conduct may result in further disciplinary action including, in extreme cases, dismissal. You will be informed that the warning constitutes the first formal stage of the disciplinary procedure and that a note will be placed on your personnel file.  If necessary you will also be provided with further training. A note of the warning will then be placed on your personnel file but will be disregarded for disciplinary purposes after 6 months if your conduct is satisfactory. However, we reserve the right to take into account the whole of your disciplinary record in determining the appropriate sanction. Minor offences include (but are not restricted to) the following:

• Poor job performance, substandard work, consistent errors or poor attention to detail
• Inability to cope with instructions given to you or not co-operating with team members.
• Swearing generally at work.
• Leaving work early without permission or minor misuse of the Breeze timer system.
• Minor breaches of the terms and conditions of employment.
• Persistent lateness or absenteeism.
• Failure to maintain an acceptable standard of dress.
• Poor standard of hygiene.

In the case of any minor harassment or bullying incidents you may be asked to apologise to your victim or may receive a letter of reprimand from us.

Written warning (Level 2) – if the offence is a serious one or if the minor conduct continues, or is repeated, or there is a further offence of a different nature, you will be interviewed and the exact nature of the complaint against you will be explained in full. If considered justified, you will be given a formal written warning that if your performance or conduct does not improve during the period stated in the warning further disciplinary action will be taken, which may lead to subsequent dismissal. If necessary you will also be provided with further training.

A copy of this warning will be placed on your personnel file but will be disregarded for disciplinary purposes after 12 months if your conduct is satisfactory. However, we reserve the right to take into account the whole of your disciplinary record in determining the appropriate sanction. 

The kinds of conduct that could result in a written warning include (but not restricted to) the following:

• Smoking (including e-cigarettes) on company property.
• Dishonesty or other unethical behaviour
• Regular poor timekeeping, persistent lateness or absenteeism.
• Failure to follow the correct absence reporting procedure.
• Negligence resulting in minor loss, damage or injury.
• Disruptive behaviour, including conflicts, gossiping, time wasting, inappropriate reactions to criticism, persistent complaining or inability to control feelings.
• Excessive use of personal or Company equipment such as internet, phones or other communication devices.
• Use of personal electric equipment in the studio which has not been PAT tested.
• Horseplay leading to loss, damage or injury.
• Breaches of any health or safety regulation.
• Failure to follow reasonable management instructions.
• Breaches of confidence relating to the Company or our affairs.
• Unreasonable or unauthorised absence including persistent short sickness absences which have no underlying chronic medical condition and are not disability related.
• Behaviour which we consider is likely to harm our reputation.
• Minor harassment or bullying of a fellow employee, either verbal or through other forms of communication such as voicemail, email or social networking sites. 
• General customer complaints that involve minor errors rather than specific issues regarding behaviour or attitude.
• Unreasonable refusal to consent to a management request such as drug testing or stop and search. 
• Failure to disclose a close personal relationship which could harm the Company.
• Failure to report an overpayment made to you by us.
•  Unauthorised possession or use of an electronic device.

Final written warning – if misconduct is sufficiently serious or if, following another warning, there is further misconduct (whether or not of the same nature) within the period stated, you will be interviewed again by a director or an external HR officer who will decide on the action to be taken. You may be given a final written warning which will give details of the complaint and will be warned that you will be dismissed if there is no satisfactory improvement. If necessary, you will also be provided with further training. A copy of this warning will be placed on your personnel file but will not be used for disciplinary purposes after 12 months if there are no further issues with your conduct, (although in exceptional cases we can increase this period or indeed enforce a lifetime sanction). However, we reserve the right to take into account the whole of your disciplinary record in determining the appropriate sanction.

Dismissal – if your conduct is sufficiently serious or if your conduct is still unsatisfactory following a final written warning and you fail to reach the required standards you will normally be dismissed, but only after consideration of other possible disciplinary action. If you are dismissed you will be provided as soon as reasonably possible with a written confirmation of the dismissal. We may, however, consider alternative disciplinary action including (but not limited to) transfer or relocation, suspension without pay or demotion.

Should any misconduct allegations be proven against you, as a result of a Disciplinary hearing, and should you be in your probationary period, this will result in dismissal. 

Extension of Warnings – if following a warning, misconduct continues and is sufficiently serious and/or concerning (whether or not of the same nature) within the stated period, we may at our complete discretion apply a lifetime disciplinary sanction. Following the application of a lifetime sanction, all usual disciplinary procedures will apply and if you are found to have contravened any Company policy at any point during the continuation of your employment, further disciplinary action (up to and including dismissal) will likely pursue. For absolute clarity, a copy of this warning will be placed on your personnel file for the entirety of your employment, and we reserve the right to take into account the whole of your disciplinary record in determining the appropriate sanction.

Gross Misconduct

If you are accused or suspected of gross misconduct, you may be suspended on full pay whilst we investigate the alleged situation. We will write to you to invite you to a disciplinary hearing as soon as possible which you need to attend. If we are satisfied that gross misconduct has occurred, the result will be either a final written warning or summary (instant) dismissal.

Gross misconduct includes (but is not restricted to):

• Theft or intended theft from us or our clients/suppliers or any of our employees/visitors, including conducting significant personal activities during work time, or using our resources for personal gain.
• Insubordination including the refusal to carry out your duties or follow a reasonable management instruction.
• Serious breach of confidentiality or misuse of confidential information obtained by you in the course of your employment, including the disclosure of sensitive or general Company information on a social networking site.
• Committing, or giving us reasonable grounds to believe that you have committed, an act of dishonesty or other unethical behaviour.
• Failure to inform the director(s) on receipt of a gift from a customer, contractor, or supplier of ours or any other person or business with whom you are involved in relation to our business.
• Derogatory, rude, offensive, racist, abusive or threatening behaviour to, or seen by, our employees, visitors, clients, suppliers or client’s employees in person or via any method of communication, including social networking sites whether during working hours or not 
• Derogatory, rude, offensive, abusive or threatening behaviour or comments in relation to your job role and/or the Company generally in person or via social networking sites, Company email or any other method of communication, whether in your own time or during working hours. 
• Rude, disrespectful, demeaning, offensive, angry or hostile behaviour. 
• Making a complaint against an individual(s), the Company or a client for a reason that could be perceived as malicious.  
• Conduct which does, or in our opinion, is reasonably likely to bring the Company into disrepute or materially affect our business.
• Fraud or deliberate falsification of records, such as (but not restricted to) client details, timesheets, clocking in records, expenses, sales results, mileage claims etc.
• Fighting, assault (whether verbal or physical) or attempted assault on any of our clients, suppliers, visitors or employees.
• Fighting, assault (whether verbal or physical) or attempted assault on any member of the public whilst on Company business or when we can be identified through (including but not limited to) branded clothing, transport or Company association, outside of working hours.   
• Serious harassment or bullying of a fellow employee, Supplier, Client or Client employee, either verbal or through other forms of communication such as voicemail, text, email or social networking sites and online messaging groups.
• Deliberate or malicious damage to Company property. 
• Attending work or carrying out Company business under the influence of drink, drugs or other substances, including during travel to and from work.
• Supplying drink, drugs or other substances whilst at work.
• Negligence resulting in serious loss, damage or injury to us/our clients, suppliers, visitors or employees, including breaches of the Health and Safety rules and procedures.
• Failure to abide by the rules and regulations as set out by our clients or customers whilst engaged by the client.
• Discriminatory behaviour due to sex, age, race or disability or discrimination based upon gender re-assignment against another employee, contract worker or client or visitor to our premises.
• Being charged with and/or convicted of a criminal offence, which in our opinion demonstrates unsuitability for further employment with us or prevents you from carrying your job e.g. losing a driving licence when the ability to drive is intrinsic to the job role or failing a DBS check.
• Indecent or immoral behaviour including the viewing or dissemination of pornographic material or covert recording of colleagues
• Unauthorised absence from work or from One Degree North’s premises.
• Falsely reporting or recording a sickness absence.
• Improper use of a mobile telephone or other handheld device whilst driving in connection with your work.
• Serious misuse of the Company’s computers or network, including viewing or downloading pornographic images, regular use of social networking sites or other social activities, sending inappropriate emails or accessing another individual’s emails without consent.
• Misuse and/or lack of care of a Company vehicle and/or fuel card.  
• Serious or persistent breaches of the Company rules.
• Unauthorised possession or misuse of Company property.
• Acting in breach of your duty of good faith to the Company.
• Behaviour unbecoming of manager. 
• Serious abuse of a position of authority and responsibility.
• A serious loss or breach of trust and confidence.
• Serious breach of the Company health and safety procedures.
• Bribery or any action which could be perceived as bribery which compromises an internal or external business relationship.