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v0.1 LSH - E-Learning Disciplinaries

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Elisabetta Bruno

on 27 March 2017

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Transcript of v0.1 LSH - E-Learning Disciplinaries

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DISCIPLINARY ISSUES
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WHAT IS
DISCIPLINARY ACTION?
BEHAVIOUR
MANAGING
STAGES
YOUR ROLE AS A
LINE MANAGER
DISCIPLINARIES
Disciplinary action is a process that usually follows when an employee has behaved in an unacceptable manner in the workplace despite repeated warnings, or, if serious enough, behaved in such a way that constitutes immediate disciplinary action.

Where
disciplinary action
or
dismissal
is contemplated, the following procedure should be followed.

ON FULL PAY
DISCIPLINARIES
Gross misconduct being the more serious of the two.
The decision to suspend is made by an appropriate manager usually after consultation with the local HR Business Partner. The period of suspension will be kept to a minimum whilst an investigation takes place. Individuals are suspended on the basis of an allegation and the suspension is not an acknowledgement of guilt.

INFORMAL WARNING
Minor misconduct or capability that is below an acceptable standard should normally be dealt with informally by the manager with counselling or advice. This doesn’t form part of the disciplinary procedure but further misconduct or failure to improve performance may result in formal disciplinary action for the employee. Where appropriate, a note of this informal discussion may be placed on the employee’s personnel file.

STAGE 1
If no improvement is shown by an employee following informal counselling, or where informal counselling is felt inappropriate, the employee may be given a formal verbal warning. Where the formal verbal warning is given, a record of it will be placed on the individual’s personal file and a copy given to the employee. The employee must be notified that any recurrence of the offence or other serious misconduct or failure to improve performance or behaviour may result in further disciplinary action.

MISCONDUCT
MISCONDUCT
GROSS
Behaviour that might result in disciplinary action is typically categorised as either:
Cases of poor performance will be dealt with under a separate formal Performance Improvement Process (PIP).
Examples of behaviour that would be classed as misconduct include
POOR
ATTENDANCE
POOR
TIMEKEEPING

FAILURE TO MEET & MAINTAIN JOB PERFORMANCE STANDARDS
POOR ATTITUDE TO WORK
BREACH OF REQUIRED OR EXPECTED STANDARDS OF CONDUCT

BREACH OF ANY OF OUR COMPANY POLICIES OR PROCEDURES

MISUSE OF OUR IT EQUIPMENT OR SYSTEMS

!
THEFT OR FRAUD AGAINST THE COMPANY, CLIENTS, OR STAFF
VIOLENT OR THREATENING BEHAVIOUR EITHER VERBAL OR PHYSICAL

BULLYING, HARASSMENT OR INTIMIDATION
DAMAGE TO COMPANY, OR OTHER STAFF’S PROPERTY

SERIOUS VIOLATION OF HEALTH AND SAFETY REGULATIONS
GROSS INSUBORDINATION

ACTIONS LIABLE TO OPEN THE COMPANY TO PROSECUTION

SERIOUS MISUSE OF COMPANY PROPERTY

(INCLUDING APPARENT INTOXICATION OR USE OF BANNED SUBSTANCES)
A SUMMARY OF RELEVANT INFORMATION GATHERED DURING THE INVESTIGATION
A COPY OF ANY RELEVANT DOCUMENTS WHICH MAY BE REFERRED TO AT THE DISCIPLINARY MEETING

A COPY OF ANY RELEVANT WITNESS STATEMENTS
WE HAVE INFORMED THE EMPLOYEE IN WRITING OF THE REASONS FOR THE MEETING
THE EMPLOYEE HAS HAD REASONABLE OPPORTUNITY TO CONSIDER THEIR RESPONSE TO THAT INFORMATION
STAGE 1
LSH should advise the employee in writing of the allegations/circumstances leading to the decision to take action and invite them to attend a meeting to discuss the matter. We should also provide, where appropriate:
STAGE 2
The meeting should take place before action is taken, except in cases of paid suspension. The meeting should not take place unless:
STAGE 3
The employee must take all reasonable steps to attend the meeting. If they fail to attend without having given sufficient notice (24hrs) and reason, a decision may be taken based on the available evidence.
STAGE 6
We may adjourn the meeting if we need to carry out any further investigations such as re-interviewing witnesses in the light of any new points the employee raises at the meeting. The employee will be given a reasonable opportunity to consider any new information obtained before the meeting is reconvened.


STAGE 5
At the meeting we will ordinarily 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. If the employee has a companion with them then that companion may make representations and ask questions, but cannot answer questions on the employee’s behalf. The employee may confer privately with their companion at any time during the meeting.

STAGE 4
Employees have the right to be accompanied at the meeting by a fellow worker. Any individual whose presence would prejudice the meeting or cause a conflict of interest will not be permitted to attend.

STAGE 8
If the employee wishes to appeal against disciplinary action taken or a decision to dismiss, they must inform us in writing within 7 calendar days of the disciplinary action being taken or within 7 calendar days of the date of the meeting where they were advised that they would be dismissed, setting out their full grounds of appeal.

STAGE 7
After the meeting, we should inform the employee of their decision in writing and notify them of the right to appeal against the decision if they are not satisfied with it.

STAGE 10
STAGE 9
If the employee informs the Company of their wish to appeal, the Company should write to the employee and invite them to attend a further meeting.
The employee must take all reasonable steps to attend the disciplinary or dismissal appeal meeting. Please note that the appeal meeting need not take place before the dismissal or disciplinary action takes effect
STAGE 11
Employees have the right to be accompanied at the appeal meeting on the same basis as the initial meeting.

STAGE 12
Where reasonably practicable, the appeal should be dealt with by a more senior manager than attended the first meeting
STAGE 13
After the appeal meeting the Company should inform the employee in writing of the final decision.
SUSPENSION
Following a full investigation if the allegations are found to be
unsubstantiated
the employee
can return to work
, or a
formal disciplinary meeting will be arranged
.


An employee may be suspended with full pay in the following circumstances:

Examples of cases where suspension may be appropriate are as follows:
There may be other circumstances not listed where the decision is made to suspend the employee.

DISCIPLINARY
There are a number of stages in the Disciplinary Procedure and the Company has sole discretion whether to omit any stages depending on the facts of the case.

Following a formal disciplinary meeting, the manager can issue a
Verbal Warning
, W
ritten Warning
,
Final Written Warning
or
Dismissal
depending on the severity of the allegations and the facts of the case.
STAGE 3
A Final Written Warning may follow failure to improve as a result of an earlier warning or because of an initial very serious offence. If the written warning procedure has been exhausted, or where issues are of a serious nature, the following sanctions may apply in conjunction with the Final Written Warning, at the sole discretion of the Company:

STAGE 2
Where it is reasonably believed that the employee is guilty of the alleged behaviour or misconduct, a written warning should be issued.

A written warning is normally appropriate in the following circumstances:

STAGE 4
When other stages of the Disciplinary Procedure have been exhausted, or where there is evidence of gross misconduct, the employee may be dismissed. Where the employee commits an act of misconduct during their probationary period, the Company may move straight to dismissal.

FORMAL VERBAL WARNING
FIRST WRITTEN WARNING
A copy of the warning will be given to the employee and a copy placed on the employee’s personal file. The employee should be notified that any reoccurrence of the offence or other serious misconduct or failure to improve performance or behaviour may result in further disciplinary action. The First Written Warning will normally be effective for a period of 12 months. In the event that further disciplinary action is necessary during this period this would normally necessitate escalation to a further stage of the Disciplinary Procedure.
In more serious, or repeated cases of misconduct or capability;
Where improvement is not made or sustained following previous disciplinary action.
A Final Written Warning may follow failure to improve as a result of an earlier warning or because of an initial very serious offence. If the written warning procedure has been exhausted, or where issues are of a serious nature, the following sanctions may apply in conjunction with the Final Written Warning, at the sole discretion of the Company:

Once the active period for the disciplinary sanction has expired without further instances or offences, it will normally be disregarded for future disciplinary action although it will remain permanently on the employee’s personnel file.
FINAL WRITTEN WARNING
DISMISSAL
WHAT SUPPORT IS AVALIBLE?
If you are in any doubt about how to deal with a potential disciplinary situation or if you are unsure of the disciplinary process, please contact your local HR business partner for advice.

Refer to the LSH employee handbook which can be accessed from the HR page on Flash. The disciplinary procedure is outlined in full in chapter 8.

Be alert to any potential situations which could result in disciplinary action for your employees.
Try to manage and resolve situations quickly and informally before they escalate to formal proceedings.
Notify your HR business partner as soon as you believe formal disciplinary proceedings may be necessary.
As a manager you may be asked by HR to hear or investigate a grievance, or an appeal. Typically an investigating manager will not be connected to the employee or incident so they can maintain an impartial view.
As a manager you are responsible for applying the disciplinary procedure in a fair and consistent manner.
You are also responsible for ensuring that employees are aware of the company’s rules, policies, practices and procedures.
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Disciplinary suspension without pay
Loss of seniority
Loss of salary/benefits/bonus
Transfer to another department
Physical violence
Theft or fraud
Raised tempers
Harassment against other employees
Being under the influence of drugs and/or alcohol
Cases of suspected gross misconduct
In instances where their behaviour makes their continued presence at work a risk to themselves and/or others
Where their presence might compromise the investigation process.
(INCLUDING USING I.T. EQUIPMENT TO ACCESS, DOWNLOAD, VIEW OR TRANSMIT PORNOGRAPHY)
BRINGING THE COMPANY INTO SERIOUS DISREPUTE
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