DISCIPLINARY AND GRIEVANCE PROCEDURE
This procedure is designed to help and encourage all Employees to achieve and maintain standards of conduct, attendance and job performance. This procedure applies to all Employees. The aim is to ensure consistent and fair treatment for all.
This lies with the Proprietor and the Management Team.
No disciplinary action will be taken against an Employee until the case has been fully investigated.
At every stage in the procedure, the Employee will be advise of the nature of the complaint against him/her and will be given the opportunity to state his/her case before any decision is made.
At all stages the Employee will have the right to be accompanied by a Colleague or union representative during the disciplinary interview.
No Employee will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice.
An Employee will have the right to appeal against any disciplinary penalty imposed.
The procedure may be implemented at any stage if the Employee’s alleged misconduct warrants such action.
Minor faults will be dealt with informally, but, where the matter is more serious, the following procedure will be used:
Stage 1 – Verbal Warning
If conduct or performance does not meet acceptable standards, the Employee will normally be given a formal VERBAL WARNING. He/she will be advised of the reason for the warning that is the first stage of the disciplinary procedure and of his /her right to appeal. A brief note of the VERBALWARNING will be kept in the Employee’s personnel file but it will be spent after six months subject to satisfactory conduct and performance
Stage 2 – Written Warning
If the offence is a serious one, or if a further offence occurs which has already been dealt with by an verbal warning a written warning will be given to the Employee by their Line Manager. This will give details of the complaint, the improvement required and the scale for the requirement. It will warn that action under Stage 3 will be considered if there is no improvement and will also advise of the right to appeal. A copy of the written warning will be kept in the Employee’s personnel file but it will be disregarded for disciplinary purposes after six months, subject to satisfactory conduct and performance.
Stage 3 – Final Written Warning
If there is still a failure to improve and the conduct or performance is still unsatisfactory or if the misconduct is insufficiently serious to warrant dismissal (in effect both first and final written warnings) a final written warning will normally be given to the Employee. This will give details of the complaint, will warn that dismissal will result if there is no satisfactory improvement and will advise of the right of appeal. A copy of this final written warning will be kept in the Employee’s personnel file but it will be spent after six months (in exceptional cases the period may be longer) subject to satisfactory conduct and performance.
Stage 4 – Dismissal
If conduct or performance is still unsatisfactory and the Employee still fails to reach the standards expected, dismissal will normally result. Only the Management Team can take the decision to dismiss. The Employee will be provided as soon as reasonably practical, with written reasons for dismissal, the date on which employment will terminate and the right of appeal.
The following list provides examples of offences which are normally regarded as gross misconduct. This list is not exhaustive
• Theft, Fraud, Deliberate falsification of records.
• Fighting, Assault on another person
• Maltreatment or neglect of clients.
• Deliberate damage to the Home’s property
• Attending work under the influence of alcohol or drugs.
• Attending work smelling of alcohol
• Consumption of Alcohol or drugs whilst on duty
• Incorrect distribution and use of prescribed medications
• Serious negligence which causes unacceptable loss, damage or injury
• Serious act of insubordination at the drug or alcohol rehab
• Verbal abuse towards colleagues, clients or visitors
If an Employee is accused of an act of gross misconduct, they may be suspended from work on full pay, normally for no more than five working days, while the Management Team investigates the alleged offence. If, on completion of the investigation and the full disciplinary procedure, the Management Team is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
An Employee who wishes to appeal against a disciplinary decision should inform their line manager within two working days of the decision being received. The Management Team will hear all appeals in consultation with the Proprietor within five working days after the appeal is received. At the Appeal any disciplinary penalty imposed will be reviewed but it cannot be increased.
THE MANAGING DIRECTOR’S DECISION IS FINAL
If any Employee feels that he / she has a grievance concerning working practices, pay or conditions within the Home this should in the first instance be brought to the attention of his / her line Manager. This may be done informally or by more formal means e.g. IN WRITING
If the dispute is not settled, then the Employee has the right to appeal to the Managing Director and may in this instance be accompanied by another Employee.
Title: Discipline Procedure
Prepared by: The Management Team
Issue/review date: January 2018
Review date: January 20149
Status: Approved – Care Home Manager