Kemp & Townsend Ltd’s Disciplinary Policy

WHILST WE ALWAYS HOPE THAT THE WORKING ENVIRONMENT WILL PROMOTE HEALTHY, HAPPY EMPLOYEES, WE ARE AWARE THAT THERE WILL BE TIMES WHEN DISCIPLINARY PROCEDURES WILL NEED TO BE CARRIED OUT. WITH THIS IN MIND, WE ENCOURAGE YOU TO READ THROUGH THIS POLICY DOCUMENT TO ENSURE YOU KNOW & UNDERSTAND THE PROCEDURES THAT WILL BE FOLLOWED.

THIS POLICY DOCUMENT WILL DISCUSS:

• KEMP & TOWNSEND LTD’S PROCEDURE WHEN IT COMES TO DISCIPLINARY ACTION.

• WHAT WILL TRIGGER DISCIPLINARY ACTION.

• THE OPTIONS YOU HAVE IF YOU ARE PART OF A DISCIPLINARY PROCEDURE.

• THE LIKELY OUTCOMES OF A DISCIPLINARY PROCEDURE.

KEMP & TOWNSEND LTD’S PROCEDURE & WHEN IT MAY BE NECESSARY

OUR DISCIPLINARY PROCEDURE IS THE FORMAL WAY WE DEAL WITH:

• MISCONDUCT – UNACCEPTABLE OR IMPROPER BEHAVIOUR.

• GROSS MISCONDUCT – VERY SERIOUS UNACCEPTABLE OR IMPROPER BEHAVIOUR THAT HAS SERIOUS EFFECTS.

• CAPABILITY – PERFORMANCE OF ROLES & DUTIES.

DEPENDANT ON THE ABOVE & WHEREVER APPROPRIATE, WE WILL FIRST ENDEAVOUR TO SEE WHETHER THE PROBLEM CAN BE RESOLVED IN AN INFORMAL WAY. THIS WILL BE DONE THROUGH:

• PRIVATELY TALKING WITH THE EMPLOYEE CONCERNED & ANY OTHER STAFF INVOLVED.

• LISTENING TO THE POINT OF VIEW OF THE EMPLOYEE CONCERNED & OTHER STAFF INVOLVED.

• AGREEING IMPROVEMENTS TO BE MADE & A TIMEFRAME FOR THESE TO BE MET.

• SETTING UP A TRAINING OR DEVELOPMENT PLAN IF IT’S A PERFORMANCE ISSUE.

DEALING WITH CAPABILITY ISSUES

CAPABILITY OR PERFORMANCE IS ABOUT A KEMP & TOWNSEND LTD EMPLOYEE’S ABILITY TO CARRY OUT THE DUTIES FOR WHICH THEY ARE EMPLOYED. WHEN DEALING WITH A CAPABILITY OR PERFORMANCE ISSUE WE BASE OUR RESPONSE ON THE FOLLOWING:

• SUPPORT WE CAN OR HAVE PROVIDED.

• TRAINING WE CAN OR HAVE PROVIDED.

• ENCOURAGEMENT WE CAN GIVE OR THAT HAS ALREADY BEEN RECEIVED BY US.

IN EVERYTHING WE DO, WE WILL DEAL WITH A PERFORMANCE OR CAPABILITY ISSUE FAIRLY & IN ACCORDANCE WITH OUR POLICIES & THE ACAS CODE OF PRACTICE ON DISCIPLINARY & GRIEVANCE PROCEDURES. PLEASE CONTINUE READING THIS DOCUMENT FOR MORE DETAILS ON FOLLOWING FAIR PROCEDURE.

WHAT COUNTS AS MISCONDUCT

MISCONDUCT IS WHEN AN EMPLOYEE’S INAPPROPRIATE BEHAVIOUR OR ACTION BREAKS THE ORGANISATION’S RULES.

SOME EXAMPLES OF MISCONDUCT INCLUDE, BUT ARE NOT LIMITED TO:

• BULLYING

• HARASSMENT

• ‘INSUBORDINATION’ (REFUSING TO DO THE WORK ASSIGNED TO YOU)

• BEING ABSENT WITHOUT PERMISSION OR LETTING THE RIGHT PERSON KNOW AHEAD OF TIME (ALSO KNOWN AS BEING AWOL)

• REPEATEDLY REFUSING TO ABIDE BY THE HEALTH & SAFETY LAWS.

• REPEATEDLY REFUSING TO ABIDE BY THE UNIFORM POLICY, ESPECIALLY WITH REGARDS TO PPE.

• MISUSE OF COMPANY PROPERTY - SUCH AS VEHICLES OR COMPUTER EQUIPMENT

• MALIGNANT GOSSIP OR DISSENSION THAT COULD CAUSE DISTRESS OR DISRUPTION

MISCONDUCT CAN ALSO OCCUR OUTSIDE OF WORK & MAY REQUIRE DISCIPLINARY ACTION.

FOR EXAMPLE, AN EMPLOYEE’S BEHAVIOUR IN FRONT OF CLIENTS AT THE WORK CHRISTMAS PARTY COULD HAVE DETRIMENTAL EFFECTS ON KEMP & TOWNSEND LTD'S REPUTATION. IT WILL DEPEND ON THE SERIOUSNESS OF THE MISCONDUCT FROM KEMP & TOWNSEND LTD’S POINT OF VIEW & WHETHER IT WILL HAVE A BAD EFFECT ON THE BUSINESS AS TO HOW WE WILL APPROACH DISCIPLINARY ACTION.

HOWEVER, WE WILL ALWAYS CARRY OUT A THOROUGH INVESTIGATION & WILL SHOW THE DETRIMENTAL EFFECT BEFORE DISCIPLINARY OUTCOMES ARE CARRIED THROUGH. SEE MORE ON INVESTIGATIONS FURTHER IN THIS DOCUMENT.

WHEN THERE IS GROSS MISCONDUCT

SOME BEHAVIOUR COUNTS AS ‘GROSS MISCONDUCT’ BECAUSE IT IS VERY SERIOUS OR HAS VERY SERIOUS EFFECTS.

IN THE CASE OF SUSPECTED GROSS MISCONDUCT, AN INVESTIGATION & DISCIPLINARY PROCEDURE WILL BE CARRIED OUT. THE OUTCOME MAY BE DISMISSAL WITHOUT NOTICE OR PAYMENT IN LIEU OF NOTICE.

SOME EXAMPLES OF GROSS MISCONDUCT INCLUDE, BUT ARE NOT LIMITED TO:

• FRAUD

• PHYSICAL VIOLENCE

• GENUINE THREAT OF PHYSICAL VIOLENCE THAT INCITES CONCERN

• ‘GROSS NEGLIGENCE’ (A SERIOUS LACK OF CARE TO YOUR DUTIES OR OTHER PEOPLE’S SAFETY)

• SERIOUS INSUBORDINATION SUCH AS REFUSING TO TAKE LAWFUL & REASONABLE ORDERS FROM A MANAGER.

FOLLOWING A FAIR PROCEDURE

IF KEMP & TOWNSEND LTD HAS TRIED TO RESOLVE THE ISSUE INFORMALLY BUT FEELS THAT A DISCIPLINARY PROCEDURE NEEDS TO BE INITIATED, WE WILL INFORM THE EMPLOYEE OR EMPLOYEES INVOLVED STRAIGHT AWAY.

THIS WILL BE DONE IN WRITING & WILL INCLUDE:

• SUFFICIENT INFORMATION ABOUT THE ALLEGED MISCONDUCT OR POOR PERFORMANCE

• POSSIBLE CONSEQUENCES, SUCH AS A WRITTEN WARNING

THE EMPLOYEE WILL RECEIVE THIS INFORMATION WITH TIME TO PREPARE FOR A DISCIPLINARY ‘HEARING’. THIS IS A MEETING WHERE THE EMPLOYER WILL HEAR ALL THE EVIDENCE TO MAKE A FINAL DECISION. WE WILL ALWAYS FOLLOW A FULL & FAIR PROCEDURE THROUGHOUT, FOR THE PROTECTION OF EMPLOYEE, EMPLOYERS & THE FULL ORGANISATION OF KEMP & TOWNSEND LTD.

THIS IS IN ACCORDANCE WITH THE ACAS CODE OF PRACTICE ON DISCIPLINARY & GRIEVANCE PROCEDURES.

THROUGHOUT ANY DISCIPLINARY PROCEDURE, WE WILL CHECK OUR RECORDS TO SEE IF KEMP & TOWNSEND LTD HAS DEALT WITH A SIMILAR SITUATION BEFORE. THIS IS TO ENSURE WE ARE FOLLOWING A FAIR, UNBIASED PROCEDURE EACH TIME. ALL SITUATIONS WHERE THERE ARE SUSPECTED MISCONDUCT, GROSS MISCONDUCT OR CAPABILITY ISSUES WILL HAVE A FULL & FAIR INVESTIGATION CARRIED THROUGH, EVIDENCE GATHERED, AND A DECISION BASED ON WHAT IS KNOWN ABOUT EACH INDIVIDUAL CASE.

KEEPING COMMUNICATION OPEN

THROUGHOUT THE DISCIPLINARY PROCEDURE, KEMP & TOWNSEND LTD WILL KEEP TALKING TO THE EMPLOYEE BEING DISCIPLINED & ANY OTHER STAFF AFFECTED. THIS IS TO HELP AVOID:

• MISUNDERSTANDINGS

• A DROP IN WORK MORALE

• STRESS OR OTHER MENTAL HEALTH PROBLEMS

• FURTHER ACTION, FOR EXAMPLE THE EMPLOYEE RAISING A GRIEVANCE

ALL PERSONAL INFORMATION WILL BE KEPT CONFIDENTIAL.

WE APPRECIATE THAT GOING THROUGH A DISCIPLINARY PROCEDURE CAN BE VERY STRESSFUL, SO WE ARE CONSCIOUS OF THE WELLBEING & MENTAL HEALTH OF ALL OUR EMPLOYEES. TO SUPPORT THE WELLBEING & MENTAL HEALTH OF EMPLOYEES INVOLVED IN A DISCIPLINARY PROCEDURE WE CAN FIND ALTERNATIVES TO SOME OF THE NORMAL ARRANGEMENTS. SUCH AS, FINDING A MORE PRIVATE & COMFORTABLE LOCATION FOR MEETINGS, IF THAT WOULD BE HELPFUL.

IF A GRIEVANCE IS RAISED

IF AN EMPLOYEE RAISES A GRIEVANCE DURING THE DISCIPLINARY PROCEDURE, KEMP & TOWNSEND LTD CAN PAUSE THE DISCIPLINARY & DEAL WITH THE GRIEVANCE FIRST. HOWEVER, IT MIGHT BE APPROPRIATE TO DEAL WITH BOTH AT THE SAME TIME IF BOTH CASES ARE RELATED.

IF THE EMPLOYEE WANTS TO RESIGN

IF IN THE DISCIPLINARY PROCEDURE, THE EMPLOYEE WISHES TO RESIGN, WE WILL DO EVERYTHING WE CAN TO TALK THROUGH ANY CONCERNS & ENCOURAGE THEM TO COMPLETE THE DISCIPLINARY PROCEDURE & REACH AN OUTCOME FIRST.

CARRYING OUT AN INVESTIGATION

IF A DISCIPLINARY PROCEDURE MUST BE CARRIED THROUGH, AN INVESTIGATION WILL BE CARRIED OUT FIRST FOR KEMP & TOWNSEND LTD TO GATHER AS MUCH INFORMATION AS POSSIBLE ABOUT AN EMPLOYEE’S ALLEGED MISCONDUCT OR POOR PERFORMANCE. THIS IS TO:

• SEE IF THERE IS ACTUALLY A CASE TO ANSWER

• MAKE SURE EVERYONE IS TREATED FAIRLY

• GATHER EVIDENCE FROM ALL SIDES

• HELP KEMP & TOWNSEND LTD TO SEE WHAT SHOULD HAPPEN NEXT

AT ANY STAGE WE WILL ASSESS WHETHER:

• THE FORMAL PROCEDURE NEEDS TO CARRY ON

• THE ISSUE CAN BE RESOLVED INFORMALLY INSTEAD

THROUGHOUT AN INVESTIGATION WE WILL FOLLOW A FAIR & REASONABLE PROCEDURE TO ENSURE THE WHOLE DISCIPLINARY OR GRIEVANCE CASE IS FAIR.

INVESTIGATIONS WILL START AS SOON AS POSSIBLE AFTER THE ALLEGED MISCONDUCT OR POOR PERFORMANCE. THIS IS TO ENSURE THE EMPLOYEE IS TREATED FAIRLY & EVENTS ARE CLEARLY REMEMBERED.

AS FAR AS POSSIBLE, KEMP & TOWNSEND LTD WILL ENDEAVOUR TO PROVIDE SUFFICIENT TRAINING TO ANYONE WHO WILL LIKELY CARRY OUT AN INVESTIGATION TO GATHER EVIDENCE, PHYSICAL OR NON-PHYSICAL, AND WITNESS STATEMENTS.

THE EMPLOYEE WITH THE DISCIPLINARY ISSUE WILL BE INFORMED THAT AN INVESTIGATION IS GOING TO COMMENCE AS SOON AS KEMP & TOWNSEND LTD HAVE DECIDED TO OPEN ONE, UNLESS THIS PRESENTS A RISK TO EVIDENCE OR INFLUENCE OF WITNESSES.

WE WILL EXPLAIN:

• WHY THE INVESTIGATION IS BEING CARRIED OUT

• WHO WILL BE CARRYING IT OUT

• WHAT THEY ARE GOING TO DO

• THAT THEY’LL NEED TO TALK TO ANY WITNESSES

• HOW LONG IT COULD TAKE. WE WILL ALSO INFORM THE EMPLOYEE IF & WHEN THERE NEEDS TO BE ANY EXTENSION TO THE INVESTIGATION PROCESS.

• WHAT WILL HAPPEN NEXT, FOR EXAMPLE A MEETING

• THAT EVERYTHING WILL BE KEPT CONFIDENTIAL

AT ALL TIMES, THE MENTAL HEALTH & WELLBEING OF EMPLOYEES IS OF PARAMOUNT IMPORTANCE, AND WE WILL ENSURE WE ARE OFFERING SUPPORT WHERE NEEDED. PLEASE BE SURE TO FAMILIARISE YOURSELF WITH OUR MENTAL HEALTH POLICY.

SUSPENSION DURING AN INVESTIGATION

IN THE CASE OF A SERIOUS ISSUE OR SITUATION, THERE MAY BE OCCASIONS WHERE WE CONSIDER SUSPENDING THE EMPLOYEE CONCERNED WHILST WE CARRY OUT THE INVESTIGATION.

HOWEVER, ALL ALTERNATIVE OPTIONS TO SUSPENSION WILL BE CONSIDERED FIRST, AND THE WELLBEING OF THE EMPLOYEE WILL BE TAKEN SERIOUSLY INTO ACCOUNT.

THROUGHOUT AN INVESTIGATION WE WILL ENSURE:

• FAIR & OBJECTIVE INVESTIGATING – GATHERING EVIDENCE FROM BOTH SIDES

• OUR POLICIES & PROCEDURES WILL BE FOLLOWED

• AS MUCH INFORMATION AS IS REASONABLE IS GATHERED

• CONFIDENTIALITY IS KEPT.

AN INVESTIGATION IS ONLY TO FIND OUT IF THERE IS AN ISSUE THAT NEEDS TO BE ADDRESSED. IT IS NOT ABOUT TRYING TO PROVE GUILT. THROUGHOUT AN INVESTIGATION A WRITTEN RECORD OF HOW & WHY ANY EVIDENCE IS RETRIEVED WILL BE KEPT, ENSURING ALL EVIDENCE IS GATHERED IN ACCORDANCE WITH THE ACAS GUIDE TO CONDUCTING WORKPLACE INVESTIGATIONS.

INVESTIGATION MEETINGS

THROUGHOUT AN INVESTIGATION, THERE MAY BE A NEED FOR MEETINGS WITH:

• THE EMPLOYEE CONCERNED

• WITNESSES – OTHER EMPLOYEES INVOLVED

• OTHER WITNESSES – CLIENTS, SUBCONTRACTORS, VISITORS OR CONSULTANTS

IF A MEETING IS NECESSARY, INVITATIONS WILL BE SENT OUT IN WRITING, EITHER THROUGH A LETTER OR BY EMAIL, WITH A CONFIRMATION OF THE DATE, TIME & PLACE. REASONABLE NOTICE WILL BE GIVEN BEFORE THE MEETING.

ALL INVESTIGATION MEETINGS MUST BE ATTENDED AS FAR AS REASONABLY POSSIBLE.

YOU MAY BE ALLOWED TO BE ACCOMPANIED BY A RELEVANT PERSON IN A MEETING. THIS IS:

• SOMEONE YOU WORK WITH, SUCH AS A SUPERVISOR

• A WORKPLACE TRADE UNION REPRESENTATIVE WHO’S CERTIFIED OR TRAINED IN ACTING AS A COMPANION.

• AN OFFICIAL EMPLOYED BY A TRADE UNION.

THERE MAY BE TIMES WHEN AN AUDIO RECORDING OF THE MEETING IS THE BEST WAY TO HAVE AN ACCURATE RECORD OF WHAT IS SAID. THIS WILL BE ASSESSED BASED ON:

• WHAT IS MOST APPROPRIATE OR POSSIBLE

• IF THE PERSON BEING INTERVIEWED AGREES

ABSENCE AT THE TIME OF INVESTIGATION MEETING

IF THE EMPLOYEE IN QUESTION IS UNABLE TO ATTEND AN INVESTIGATION MEETING, ANOTHER MEETING WILL BE REARRANGED. IF OTHER ARRANGEMENTS NEED TO BE MADE, THEY CAN BE AS FAR AS REASONABLY PRACTICAL. FOR EXAMPLE, IF THE EMPLOYEE IS OFF WITH A MENTAL HEALTH CONCERN & IS WORRIED ABOUT COMING INTO THE WORKPLACE, THE MEETING COULD BE HELD SOMEWHERE ELSE.

IF THE EMPLOYEE IS TOO SICK, OR CONTINUES TO BE NOT ABLE OR NOT WILLING TO ATTEND, KEMP & TOWNSEND LTD WILL NEED TO LOOK AT ALL OTHER EVIDENCE & MAKE A REASONABLE DECISION.

WE WILL ALSO LOOK AT:

• THE SERIOUSNESS OF THE DISCIPLINARY ISSUE

• HOW KEMP & TOWNSEND LTD HAS DEALT WITH SIMILAR CASES IN THE PAST

• GETTING A MEDICAL OPINION ON WHETHER THE EMPLOYEE IS FIT TO ATTEND THE MEETING – WITH THE EMPLOYEE’S PERMISSION

KEMP & TOWNSEND LTD MAY DECIDE THAT THE INVESTIGATION WILL BE CARRIED ON WITHOUT THE EMPLOYEE. THE EMPLOYEE WILL BE NOTIFIED IN WRITING IF THIS IS THE CASE.

WITNESS STATEMENTS

IF AN EMPLOYEE IS A WITNESS TO THE DISCIPLINARY CASE, THEY MAY BE ASKED TO GIVE EVIDENCE IN A WITNESS STATEMENT.

THEY WILL EITHER BE ASKED TO HAVE A MEETING WITH THE PERSON INVESTIGATING – THEIR EMPLOYER OR ANOTHER PERSON TRAINED – AND NOTES WILL BE TAKEN FROM THE MEETING WHICH THEY WILL THEN SIGN, OR THEY WILL BE ASKED TO WRITE DOWN THEIR STATEMENT THEMSELVES & SIGN IT.

THE WITNESS WILL BE ASKED TO WRITE:

• ANSWERS TO SPECIFIC QUESTIONS, WHERE NECESSARY

• THEIR NAME & JOB TITLE

• THE DATE, PLACE & TIME OF ANY RELEVANT ISSUES

• WHAT THEY SAW, HEARD OR KNOW

• THE REASON WHY THEY WERE ABLE TO SEE, HEAR OR KNOW ABOUT THE ISSUES

• THE DATE & TIME OF WRITING THEIR STATEMENT

• THEIR SIGNATURE

THE WITNESS WILL BE GIVEN REASONABLE TIME TO GIVE THE STATEMENT.

THE WITNESS WILL ALSO BE ASKED FOR CONSENT TO BE ABLE TO SHARE INFORMATION THEY HAVE GIVEN, IF NECESSARY, WITH ANYONE WORKING ON THE INVESTIGATION.

SHARING OF INFORMATION & CONFIDENTIALITY

THE EMPLOYEE UNDER A DISCIPLINARY INVESTIGATION WILL BE GIVEN A COPY OF ANY WRITTEN EVIDENCE, INCLUDING WITNESS STATEMENTS, AT THE END OF THE INVESTIGATION.

IF SOMEONE INVOLVED BELIEVES THEY HAVE BEEN NAMED IN A REPORT, THEY HAVE A RIGHT TO SEE ANY PARTS THAT:

• HAVE INFORMATION ABOUT THEM

• DEPENDED ON INFORMATION THEY GAVE THROUGH THE INVESTIGATION PROCESS

THEY WILL NOT BE ALLOWED TO SEE PRIVATE INFORMATION ABOUT OTHER PEOPLE.

INVESTIGATION REPORTS WILL BE KEPT FOR A WHILE AFTER THE DISCIPLINARY PROCEDURE HAS BEEN CONCLUDED. THIS IS IN CASE THERE ARE ANY QUESTIONS IN THE FUTURE. REPORTS WILL BE STORED SECURELY & ACCESS WILL ONLY BE ALLOWED WHEN NECESSARY. DATA PROTECTION LAW (UK GDPR) WILL BE FOLLOWED.

ONCE A REPORT IS NO LONGER NEEDED OR IS OUT OF DATE, IT WILL BE SECURELY DISPOSED OF THROUGH SHREDDING.

AT THE END OF AN INVESTIGATION

ONCE AN INVESTIGATION HAS BEEN COMPLETED, KEMP & TOWNSEND LTD WILL ONCE AGAIN CHECK IF THE ISSUE CAN BE SOLVED INFORMALLY. IF THERE IS NO EVIDENCE TO CARRY ON WITH THE DISCIPLINARY PROCEDURE, IT WILL BE ENDED & THE EMPLOYEE IN QUESTION WILL BE INFORMED THERE WILL BE NO FURTHER ACTION.

OR ONE OF THE FOLLOWING STEPS WILL BE TAKEN:

• FORMAL ACTION

  • DISCIPLINARY HEARING MUST BE INITIATED

  • CHANGES TO KEMP & TOWNSEND LTD’S POLICY OR PROCEDURE

  • FURTHER INVESTIGATION INTO OTHER MATTERS THAT WERE FOUND.

• INFORMAL ACTION

  • TRAINING OR COACHING FOR PARTIES INVOLVED

  • COUNSELLING FOR PARTIES INVOLVED

  • MEDIATION FOR PARTIES INVOLVED

  • NOTIFICATION THAT FURTHER SIMILAR ACTION MIGHT END IN DISCIPLINARY ACTION

• NO FURTHER ACTION

  • EVEN IN THIS CIRCUMSTANCE, SUPPORT COULD BE PROVIDED MOVING FORWARDS, SUCH AS COUNSELLING OR A SUGGESTION OF REASONABLE ADJUSTMENTS.

DISCIPLINARY HEARINGS

IF EVIDENCE HAS BEEN FOUND THAT SHOWS THE EMPLOYEE IN QUESTION HAS A CASE TO ANSWER, THEY WILL BE INVITED TO A DISCIPLINARY MEETING, ALSO KNOWN AS A ‘HEARING’. THIS IS WHERE THE EMPLOYER HEARS ALL THE EVIDENCE BEFORE MAKING A DECISION.

THE HEARING WILL BE HELD AS SOON AS POSSIBLE AFTER THE INVESTIGATION, WITH REASONABLE TIME ALLOWED FOR THE EMPLOYEE TO PREPARE. IN WRITING, THE EMPLOYEE WILL BE INFORMED ABOUT:

• THE ALLEGED MISCONDUCT OR PERFORMANCE ISSUE

• ANY EVIDENCE FROM THE INVESTIGATION

• ANY OTHER INFORMATION THAT WILL BE TALKED ABOUT

• THE DATE, TIME & LOCATION OF THE HEARING

• INFORMATION ON THE EMPLOYEE’S RIGHT TO BE ACCOMPANIED TO THE HEARING

• THE POSSIBLE OUTCOMES OF THE HEARING

THE EMPLOYEE MAY ALSO BRING EVIDENCE TO THE HEARING TO SHOW AND TALK ABOUT. THEY HAVE A RIGHT TO BE ACCOMPANIED BY:

• SOMEONE APPROPRIATE THAT THEY WORK WITH

• A WORKPLACE TRADE UNION REPRESENTATIVE WHO’S CERTIFIED BY THEIR UNION TO ACT AS A COMPANION

• AN OFFICIAL EMPLOYED BY A TRADE UNION

IF THE EMPLOYEE WISHES TO BRING A COMPANION, THEY MUST MAKE A ‘REASONABLE REQUEST’ TO THEIR EMPLOYER IN WRITING, AND MUST:

• TELL THEIR EMPLOYER THE NAME OF THE COMPANION & WHETHER THEY ARE A COLLEAGUE OR TRADE UNION REPRESENTATIVE

• GIVE THE EMPLOYER ENOUGH NOTICE, SO THEY CAN MAKE ARRANGEMENTS FOR THE COMPANION TO ATTEND THE MEETING

THE COMPANION SHOULD BE GIVEN ENOUGH TIME TO PREPARE FOR THE MEETING.

THE HEARING IS A CHANCE FOR BOTH THE EMPLOYER & THE EMPLOYEE TO STATE THEIR CASE.

ALL PARTIES MUST MAKE EVERY EFFORT TO ATTEND AT THE SCHEDULED TIME & DATE.

THE KEMP & TOWNSEND LTD EMPLOYER WILL:

• EXPLAIN THE EMPLOYEE’S ALLEGED MISCONDUCT OR PERFORMANCE ISSUE

• GO THROUGH THE EVIDENCE

• MAKE SURE SOMEONE TAKES NOTES

THE EMPLOYEE WILL BE GIVEN THE CHANCE TO:

• SET OUT THEIR CASE

• ANSWER ANY ALLEGATIONS

• ASK QUESTIONS

• SHOW EVIDENCE

• CALL RELEVANT WITNESSES (WITH GOOD NOTICE)

• RESPOND TO ANY INFORMATION GIVEN BY WITNESSES

• CHOOSE IF THEIR COMPANION CAN SPEAK FOR THEM AT THE HEARING

THE EMPLOYEE COMPANION IS ALLOWED TO:

• SET OUT THE EMPLOYEE’S CASE

• RESPOND FOR THE EMPLOYEE TO ANY COMMENTS OR POINTS MADE AT THE MEETING

• TALK WITH THE EMPLOYEE DURING THE HEARING

• TAKE NOTES

• SUM UP THE EMPLOYEE’S CASE AT THE END OF THE HEARING

WHILST WE MAY ALLOW FOR THE COMPANION TO ANSWER QUESTIONS DIRECTED TO THE EMPLOYEE ON THE BEHALF OF THE EMPLOYEE, THIS IS NOT A LEGAL REQUIREMENT.

ABSENCE FOR DISCIPLINARY HEARINGS

IN THE EVENT OF AN EMPLOYEE BEING ABSENT OR OFF SICK FOR THE DISCIPLINARY HEARING, THE DISCIPLINARY PROCEDURE WILL BE PAUSED UNTIL THEY RETURN TO WORK. IF THE EMPLOYEE STILL SAYS THAT THEY CANNOT ATTEND OR THEY GO ON EXTENDED SICK LEAVE, KEMP & TOWNSEND LTD WILL ENDEAVOUR TO MAKE ALTERNATIVE ARRANGEMENTS TO ACCOMMODATE THIS IN ORDER TO CONTINUE THE DISCIPLINARY PROCEDURE. FOR EXAMPLE, THE HEARING COULD BE HELD SOMEWHERE OTHER THAN THE WORKPLACE.

IF THE EMPLOYEE STILL REFUSES TO OR CANNOT MEET, THE EMPLOYER WILL NEED TO LOOK AT THE CASE & COME TO A REASONABLE DECISION WITHOUT THE HEARING.

WE WILL LOOK AT:

• ANY RULES KEMP & TOWNSEND LTD HAS FOR DEALING WITH THE FAILURE TO ATTEND

• DISCIPLINARY HEARINGS

• HOW WE HAVE DEALT WITH SIMILAR CASES IN THE PAST

• THE SERIOUSNESS OF THE DISCIPLINARY ISSUE

• THE EMPLOYEE’S DISCIPLINARY RECORD, GENERAL WORK RECORD, WORK EXPERIENCE, POSITION & LENGTH OF SERVICE

• GETTING A MEDICAL OPINION ON WHETHER THE EMPLOYEE IS FIT TO ATTEND THE HEARING – WITH THE EMPLOYEE’S PERMISSION

IF & WHEN THE EMPLOYER REACHES A DECISION, WE WILL INFORM THE EMPLOYEE IN WRITING & LET THEM KNOW OF THEIR RIGHT TO APPEAL.

AFTER THE HEARING

AFTER THE HEARING, THE EMPLOYER AT KEMP & TOWNSEND LTD WILL TAKE SOME TIME TO CONSIDER THE CASE CAREFULLY BEFORE MAKING A DECISION. WE WILL:

• TELL THE EMPLOYEE WHAT HAPPENS NEXT & GIVE A TIMEFRAME THAT SHOULD BE EXPECTED

• TAKE A WRITTEN CONFIDENTIAL RECORD OF THE HEARING

IN THE CASE OF A DISCIPLINARY OUTCOME THAT IS NOT A DISMISSAL, WE WILL INFORM THE EMPLOYEE OF SPECIFIC GOALS & TIMEFRAMES FOR IMPROVEMENTS.

IF THE CONDUCT OR PERFORMANCE OF THE EMPLOYEE HAS NOT IMPROVED WITHIN THE TIMEFRAME, THE DISCIPLINARY PROCEDURE WILL BE REPEATED UNTIL IMPROVEMENTS ARE MADE OR UNTIL DISMISSAL IS THE ONLY FAIR & REASONABLE OPTION.

WHEN NO ACTION IS NEEDED

WHEN IT HAS BEEN DECIDED THAT THERE WAS NO MISCONDUCT OR PERFORMANCE ISSUE, THE EMPLOYER WILL END THE DISCIPLINARY PROCEDURE.

THEY WILL THEN TALK PRIVATELY WITH THE EMPLOYEE & ANY OTHER STAFF WHO KNEW THE DISCIPLINARY PROCESS WAS HAPPENING. IT WILL BE MADE CLEAR THAT THERE IS NO LONGER ANYTHING TO WORRY ABOUT & SUPPORT WILL BE PROVIDED TO HELP THE EMPLOYEE GET BACK TO WORK AS NORMAL.

RECORDS WILL BE KEPT OF HOW THE DISCIPLINARY PROCEDURE WAS CARRIED OUT FOR FUTURE REFERENCE, ALWAYS IN ACCORDANCE WITH CONFIDENTIAL AND GDPR LAW.

INFORMAL WARNING

IF THE MISCONDUCT OR PERFORMANCE ISSUE WAS FOUND TO BE SMALL & NOT SERIOUS ACCORDING TO OUR POLICIES, IT MAY BE MORE FITTING FOR THE EMPLOYER TO HAVE AN INFORMAL TALK WITH THE EMPLOYEE. THIS IS KNOWN WITHIN KEMP & TOWNSEND LTD AS A ‘VERBAL WARNING’.

A CONFIDENTIAL WRITTEN RECORD OF INFORMAL/VERBAL WARNINGS WILL STILL BE KEPT FOR FUTURE REFERENCE.

WRITTEN WARNINGS

A WRITTEN WARNING IS A FORMAL WARNING GIVEN TO THE EMPLOYEE AT THE END OF A DISCIPLINARY PROCEDURE. A FIRST OR FINAL WARNING WILL INCLUDE:

• WHAT THE MISCONDUCT OR PERFORMANCE ISSUE IS

• THE CHANGES NEEDED, WITH A TIMESCALE

• WHAT COULD HAPPEN IF THE CHANGES ARE NOT MADE

• WHAT COULD HAPPEN IF THERE IS FURTHER MISCONDUCT OR NO IMPROVEMENT TO PERFORMANCE

• HOW LONG THE WARNING WILL STAY IN PLACE

• IN PERFORMANCE CASES, ANY SUPPORT OR TRAINING THAT WILL BE PROVIDED BY THE EMPLOYER

A FIRST WRITTEN WARNING IS NORMALLY THE FIRST STEP WE WILL TAKE WHEN MISCONDUCT OR POOR PERFORMANCE IS CONFIRMED.

BUT A FINAL WRITTEN WARNING WILL BE GIVEN IF:

• THE EMPLOYEE EITHER REPEATS OR COMMITS ANOTHER MISCONDUCT

• THE EMPLOYEE DOES NOT IMPROVE PERFORMANCE WITHIN THE TIMEFRAME

IN CASES OF SERIOUS MISCONDUCT OR POOR PERFORMANCE, SUCH AS CONDUCT THAT COULD SERIOUSLY HARM THE BUSINESS, KEMP & TOWNSEND LTD DOES NOT HAVE TO GIVE A FIRST WRITTEN WARNING & MAY INSTEAD GO STRAIGHT TO A FINAL WRITTEN WARNING.

IF THE REQUIREMENTS OF THE FINAL WRITTEN WARNING ARE NOT MET WITHIN THE TIMEFRAME SET, IT MAY LEAD TO DISMISSAL. THIS WILL BE MADE CLEAR TO THE EMPLOYEE.

OTHER DISCIPLINARY ACTION

DEPENDING ON THE SERIOUSNESS OF THE MISCONDUCT OR PERFORMANCE ISSUE, KEMP & TOWNSEND LTD MAY LOOK AT OTHER DISCIPLINARY ACTION. FOR EXAMPLE, INSTEAD OF DISMISSAL, WE MAY LOOK AT DEMOTING THE EMPLOYEE TO A LESS RESPONSIBLE ROLE.

THE CONTRACT OF THE EMPLOYEE WILL FIRST BE CHECKED & A FULL DISCUSSION WILL BE HAD WITH THE EMPLOYEE.

DISMISSAL

IN EITHER OF THE FOLLOWING SITUATIONS, KEMP & TOWNSEND LTD MAY END THE CONTRACT OF AN EMPLOYEE:

• IN THE EVENT OF GROSS MISCONDUCT – SUCH AS PHYSICAL VIOLENCE OR SERIOUS THREATS OF VIOLENCE

• THE DISCIPLINARY PROCEDURE HAS HAD TO BE REPEATED & THE EMPLOYEE PREVIOUSLY HAS HAD A FINAL WRITTEN WARNING

DISMISSAL WILL ONLY BE DECIDED BY THE DIRECTORS OF THE COMPANY, DANIEL KEMP OR CONOR TOWNSEND.

AN EMPLOYEE WHO FACES DISMISSAL WILL BE TOLD AS SOON AS POSSIBLE:

• THE REASONS FOR THE DISMISSAL

• THE DATE THE EMPLOYMENT CONTRACT WILL END

• THE NOTICE PERIOD

• THEIR RIGHT OF APPEAL

A FULL & FAIR DISCIPLINARY PROCEDURE WILL BE FOLLOWED BEFORE DECIDING ON DISMISSAL.

THE RIGHT TO APPEAL

THE EMPLOYEE HAS THE RIGHT TO APPEAL AN OUTCOME OF A DISCIPLINARY PROCEDURE IF THEY FEEL:

• THE OUTCOME IS TOO SEVERE

• ANY STAGE OF THE DISCIPLINARY PROCEDURE WAS WRONG OR UNFAIR

AFTER THE DISCIPLINARY PROCEDURE – TALKING TO STAFF

THE DISCIPLINARY OUTCOME & DETAILS WILL BE KEPT CONFIDENTIAL. HOWEVER, WHERE APPROPRIATE, THE EMPLOYER MAY TALK PRIVATELY WITH ANY STAFF WHO WERE DIRECTLY INVOLVED IN THE DISCIPLINARY PROCEDURE. USUALLY THIS WILL BE TO LET THEM KNOW THAT THE PROCESS IS FINISHED & TO REMIND THEM NOT TO TALK ABOUT IT WITH COLLEAGUES.

WE WILL ALSO LET THEM KNOW ABOUT ANY CHANGES THAT WILL BE INTRODUCED AS A RESULT OF THE PROCESS, SUCH AS A POLICY BEING UPDATED OR TRAINING BEING PROVIDED.

AFTER THE DISCIPLINARY PROCEDURE – KEEPING A RECORD

NO MATTER THE OUTCOME, KEMP & TOWNSEND LTD WILL KEEP A WRITTEN RECORD OF ALL DISCIPLINARY CASES TO HELP WITH ANY QUESTIONS OR SIMILAR CASES IN THE FUTURE.

THESE RECORDS WILL BE KEPT CONFIDENTIAL & ONLY FOR AS LONG AS NECESSARY, IN LINE WITH DATA PROTECTION LAW.

REFERENCES AFTER A DISCIPLINARY ACTION

BY LAW, AN EMPLOYER DOES NOT HAVE TO PROVIDE A REFERENCE FOR A FORMER EMPLOYEE. IF WE CHOOSE TO GIVE A REFERENCE, WE WILL:

• MAKE THEM FAIR

• MAKE THEM ACCURATE

• MAKE THEM CONSISTENT WITH OTHERS

THIS MEANS WE MAY HAVE TO GIVE INFORMATION ABOUT THE EMPLOYEE’S DISCIPLINARY OUTCOME.

WE HOPE THAT THIS DOCUMENT CAN BE A CONSTANT REMINDER THAT WE WILL ALWAYS MAKE SURE A DISCIPLINARY PROCEDURE IS CARRIED OUT FAIRLY & IN ACCORDANCE WITH THE ACAS GUIDE TO DISCIPLINARY & GRIEVANCES AT WORK. OUR AIM IS TO ALWAYS PROTECT THE WELLBEING & SAFETY OF OUR EMPLOYEES.

IF YOU HAVE ANY QUESTIONS PLEASE RAISE THEM WITH AN APPROPRIATE MEMBER OF MANAGEMENT - DANIEL KEMP (DIRECTOR) OR KIM SWANN (MANAGER).

This policy may be changed in accordance with updated guidance from ACAS. This policy will be reviewed & updated September 2024.