Flashcards in HR Deck (7)
What is misconduct?
- Poor timekeeping
- Poor performance (due to refusal to make reasonable efforts)
- Unauthorised absences
- Repeated or serious failure to follow instructions
- Misuse of company facilities including breach of mail, internet etc
- bullying, harassment, victimisation or discrimination
What is Gross Misconduct?
- Causing damage to company property
- Fraud or theft
- Wilful and gross disregard for procedures
- Falsifying expense claims
- Breaches of security reqmnts
- Breach of H&S rules
- Unlawful bullying, harassment or discrimination
- Breach of company procedures on public interest disclosure
- using social media to damage business reputation
What action is taken in the case of misconduct
Informal action - minor misconduct
Formal action - no improvement after informal action, misconduct too serious to be classed as 'minor'
Penalties after formal action -
- (valid 6months for minor, 12 months for serious)
- Includes breach of discipline, improvements, timescale
final written warning
withholding pay increments
suspension without pay
dismissal with notice or pay in lieu of notice
dismissal without notice or without pay in lieu of notice
•Informal action will be considered, where appropriate
•Disciplinary action will not be taken against an employee until the case has been fully investigated.
•Disciplinary cases will be dealt with as quickly as possible.
•At every stage in the Procedure the employee will be advised of the nature of the complaint against him or her, and be given the opportunity to make his or her case before a decision is reached.
•The employee will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary hearing.
•The employee will be given reasonable time to prepare for a disciplinary hearing, and be given the opportunity to state his or her case.
•The employee can be accompanied by a colleague or union rep at all stages
•Written records of meetings will be made available to the employee.
•Any disciplinary action taken against the employee will be notified in writing with an explanation for the penalty imposed.
•No employee will be dismissed for a first breach of discipline except in cases of gross misconduct.
•An employee will have the right of appeal against disciplinary action.
2.1 Aim to resolve most grievances informally with their manager. Where the employee feels this would be inappropriate then he/she should have the informal conversation with another manager with whom they are more comfortable.
2.2 Raise it formally with management. The nature of the alleged grievance should be submitted in writing as soon as practically possibly following the informal discussion.
2.3 Employee will be invited to a meeting, can bring a union rep or work colleague.
2.4 A written record should be kept of any formal meetings.
2.5 The employee should be allowed to explain their grievance and say how they think it should be resolved. If the manager is not sure how to deal with the grievance or feels that further investigation is necessary the meeting should be adjourned to get advice or make further investigation.
2.6 The employee will be notified of the outcome and of their right of appeal in writing as quickly as possible.
Drugs and Alcohol Policy
9microg per 100ml in breath
20mg per 100ml in blood
27mg per 100ml in urine
22microg per 100ml in breath
50mg per 100ml in blood
67mg per 100ml in urine