Disciplinary Procedure
1.0 Purpose
Our disciplinary procedure, outlined below, exists to make sure that there is fair and consistent treatment for all those whose conduct or work performance falls below the standard required by Telewest. Telewest believe it is in our mutual interest to have and observe standard procedures. It is set out in stages, so that it allows people to improve their standards of conduct and/or work performance over a period of time. It is designed to be corrective and not to punish. We hope this procedure will rarely be used. This allows any disciplinary issues that may arise between us to be resolved speedily and effectively.
2.0 Policy Detail
2.1 Principles of the Disciplinary Procedure
Where the disciplinary procedure is used, certain fundamental principles will apply:
· No disciplinary decision will be taken until the case has been discussed with you and the appropriate investigation has been carried out.
· At every stage in the formal procedure you will be advised of the nature of the complaint against you. You will also be offered the opportunity to state your case at a formal interview before any decision is made and to have the right to be accompanied.
· At all stages of the procedure you will be given notice of any interview, advised of the date and time of the meeting, together with notification of the alleged problem or misconduct. Where applicable you will also be advised of your right to be accompanied (please see section 2.2). A representative from Human Resources will normally be at disciplinary hearings.
· Where either witnesses or written information are relevant, a statement of evidence or a summary of evidence will be made available to you. In some cases witnesses may be invited to be present.
· We may begin disciplinary action at any of the formal stages of the procedure if we believe the circumstances warrant it. Please refer to sections 2.7 to 2.10.
At all formal stages you will be notified in writing of any decision that is taken. In all cases the reasons for the decision will be explained. Requirements for improvement will be detailed, the duration of any warning given, and the consequences of any further misconduct/poor performance will be explained, where appropriate.
· If Telewest decides that dismissal is not appropriate, demotion may be considered as an alternative in some extreme cases, depending on the gravity of the misconduct and/or the issue of competence. Demotion in these circumstances means a move to a job at a lower grade and salary. This will not apply in cases of gross misconduct
·
In
certain circumstances suspension may be necessary whilst investigation of a
complaint takes place. If you are suspended in these circumstances it will be
on basic pay or, if appropriate on average earnings over the previous thirteen
weeks The decision to suspend you may only be taken at Manager level or above,
after consultation with a representative from HR. Representatives from Group
Security also have the ability to suspend following investigation.
· Certain conditions such as not entering any Company property or contacting any member of staff, return of keys etc. will be attached to any such suspension. If suspended your manager will keep you informed of developments on a regular basis. Suspension is not a disciplinary action and carries no suggestion of guilt.
· The warning stages of this procedure are cumulative and any repetition of the same offence or similar, or failure to improve and maintain performance or conduct will lead to further disciplinary action. Please refer to sections 2.5 to 2.10. In cases of gross misconduct then action will be immediate dismissal.
2.2 Right to be accompanied
If you are required to attend a “disciplinary hearing” you have the right to be accompanied by a fellow employee, TiME employee forum representative or trade union official. TiME representatives and fellow colleagues are not obligated to attend these meetings. A disciplinary hearing is a hearing that could result in the Company handing out a formal warning, taking some action against you or confirming action taken against you.
Where an informal discussion is being held regarding performance by your immediate manager then the right to be accompanied does not normally apply.
Your chosen representative/colleague will be allowed to:
· Put your case;
· Sum up your case;
· Respond on your behalf to any views expressed ( by way of example the view may be expressed that a procedure appears not to have been properly complied with , that a company policy was made clear or that you received adequate training. Your representative may respond to those sorts of views expressed )
· Confer with you during the hearing.
Your chosen representative/colleague will not be allowed to:
· Answer questions on your behalf;
· Prevent the Company from explaining the case to you.
You are responsible for ensuring that your chosen companion is willing to act as such.
Your request for a companion must be a reasonable one. When choosing a companion it is important to bear in mind that it would not be reasonable to insist on being accompanied by a colleague in the following circumstances:
· Where their presence would prejudice the hearing;
· Where they may have a conflict of interest; or
· Where they work at a remote location when there is someone suitably qualified available on site to act as your companion.
Should your representative/colleague not be able to attend the meeting at the time proposed by the Company, you may request an adjournment of up to five working days. Should you be unable to attend this rescheduled meeting this may be heard in your absence. It is your responsibility to provide the Company with a suitable alternative date for the re-arranged hearing within these five working days. The Company will allow an employee paid time off from their normal duties to act as an employee's representative.
Any rescheduled date must also be convenient to the Company representatives.
2.3 Bonus Payments
If you are or have been in receipt of a formal written disciplinary warning you may be disqualified from your bonus or accreditation scheme, or may receive a reduced bonus payment.
If you are dismissed through the disciplinary procedure you will not be eligible for a bonus payment.
For further details please refer to the bonus scheme rules.
2.4 Disciplinary Statement
We aim to treat all staff fairly and equitably. In doing so we aim to make sure these procedures, although formal, are carried out in a way that enables us to resolve any disciplinary issues that may arise, speedily and effectively.
We hope that any problems can be dealt with by means of an informal discussion. At any time a Manager may decide to interview a member of staff, with the aim of correcting a matter connected with poor conduct and/or work performance, without using the formal disciplinary procedure.
These interviews are intended as informal comment on a person’s behaviour. As such they are considered as part of normal management activity. They need not be formally documented.
If it is not possible to resolve a problem by means of an informal discussion, or if the conduct of an employee is sufficiently serious, then the disciplinary procedure will be used by the Company.
2.5 Disciplinary Procedure
Prior to the disciplinary meeting you will receive an explanation in writing of the reasons why disciplinary action is being contemplated. Prior to the hearing you will also be informed of the evidence arising from the investigation process and provided with copies of any relevant investigation documents and given a reasonable opportunity to consider your response to that information before the hearing
At the meeting the nature of the complaint against you and the evidence will be discussed. You will be able to state your case and should come to the meeting prepared to :
· produce any further evidence you want the manager to consider.
· ask questions;
· You must take all reasonable steps to attend the disciplinary meeting. If you are unable to attend the hearing, you should inform the Company in advance.
You must make all reasonable efforts to make arrangements to enable you to attend the meeting.
If you do not attend any rearranged meeting the manager may proceed to make a decision in your absence.
2.6 Informal Counselling
Your manager may decide to speak to you about your behaviour or performance before invoking the formal disciplinary process. He may refer to this as a verbal caution or a verbal warning or as counselling. This is not part of the formal disciplinary process but will be used to clarify what conduct or performance is considered acceptable. You may not be given anything in writing and there will be no disciplinary hearing but a note will be kept on your personnel file that you have been spoken to. This will not be entered on your disciplinary record and you will be entitled to a copy.
2.7 Stage One - First Written Warning
In the first instance, if your conduct or performance does not meet the acceptable standards, you may be given a first written warning. You will be given the outcome of the meeting in writing and advised of your right to appeal.
The manager will make a brief file note as a record of the meeting. This will be copied to Human Resources Service centre for information. Under normal circumstances this will be considered spent after six months from date of issue subject to subsequent satisfactory conduct and/or performance. This can be reduced to three months at manager's discretion.
In special circumstances this warning can be extended to twelve months
2.8 Stage Two - Final Written Warning
If there is still a failure to improve performance and/or your conduct is still unsatisfactory, you will be invited to a further disciplinary meeting. This will be held by your manager with a member of Human Resources and if you wish, your chosen representative/colleague present.
Confirmation of this will be given to you in a letter and a copy retained on your personnel file. It will normally remain there for twelve months from date of issue unless otherwise specified. It will then be considered spent if there has been no further occurrence or if you have made and maintained the required improvement.
This will also detail the reason for the warning and your right of appeal. This is the final stage of the disciplinary procedure and you will be informed that any repetition, either of the same or any other associated misconduct, or failure to improve and maintain performance, will normally lead to dismissal.
2.9 Stage Three - Dismissal (after final written warning)
If, after a final written warning, your conduct and/or performance is still unsatisfactory and you have failed to achieve and maintain the required standards, your contract of employment will normally be terminated. This will be carried out by your manager, with a member of Human Resources and, if you wish, a representative/colleague present.
All dismissals must have prior agreement by Human Resources and another Company representative (Grade 3 and above) of the respective area.
2.10 Dismissal (for gross misconduct)
Where the nature of the offence is sufficiently serious to be considered gross misconduct, the disciplinary action that will follow will normally be summary dismissal. This is without notice or pay in lieu of notice.
All gross misconduct dismissals must have prior authorisation by Human Resources and a senior Manager (Grade 3 and above) of the respective area.
2.11 Dismissal in probationary period
Employees dismissed in their probationary period will have the right to be invited to the meeting , the right to be accompanied and the right to appeal according to the disciplinary procedure.
2.12 Example Areas
The following sections outline examples of the kinds of practices that could lead to disciplinary action. The illustrations are not exhaustive, but serve as a guide to the general standards of behaviour and performance expected by you as a Telewest employee.
2.13 Misconduct / Poor Performance:
Misconduct/poor performance will normally lead to instigation of the formal Disciplinary Procedure. Some examples of this are:
· Unacceptable levels of poor timekeeping.
· Refusal to carry out proper instructions given by your immediate management or any other act of insubordination.
· Failure to achieve or maintain the required standards of performance and/or competence.
· Misuse of any property belonging to Telewest.
· Acting in contravention of the Health and Safety Policy of the Company, statutory or legal requirements.
· Failure to follow Telewest or statutory rules and procedures.
· Abuse of email / internet.
This list is not exhaustive and is intended only to provide examples of the behaviour that may constitute misconduct/poor performance.
2.14 Gross Misconduct:
Gross Misconduct will lead to summary dismissal without notice or pay in lieu of notice. Some examples of this are:
· Any criminal act of theft, fraud, dishonesty or deliberate falsification of records or other serious acts, which break the mutual duty of trust and confidence between Telewest and yourself, or which brings or is likely to bring Telewest into disrepute. This includes being in unauthorised possession of Company property or any action taken by yourself to assist others in this type of activity. This also includes the sale and purchase of illegal substances.
· Any serious unauthorised personal use of the electronic mail system or the sending of any materials, whether by the electronic mail system or otherwise, which have abusive, malicious, libellous, lewd or similar contents. This also includes communications whose purpose is intended to incite hatred/violence by race or religion
· Absenting yourself from work without good cause or without prior authorisation.
· Contravention of duty or obligation imposed by law e.g. a custodial sentence.
· Misusing or disclosing without authority any confidential information relating to Telewest or its clients, past, present or potential. including that held on Telewest’s databases.
· Damage to Telewest’s property or the property of its employees.
· Actions that endanger your own or other people’s safety and/or security at work.
· Assault, threatening assaults, intimidatory behaviour, flagrant insubordination or rudeness to a member of staff or member of the public or any other third party.
· Gross negligence or gross dereliction of duty.
· Any serious breaches of Dignity at Work which condone discrimination on the grounds of sex, race, disability, religious belief or sexual orientation.
· Persistent refusal to comply with reasonable instructions.
· Drinking on duty or presenting yourself for work under the influence of alcohol, intoxicants or drugs (controlled substances).
· Gross indecency or grossly offensive behaviour or language.
· Being convicted of any criminal offence or any offence under the Road Traffic Act, which may prevent or impede you from fulfilling your normal responsibilities.
· Giving deliberately misleading or incorrect information prior to your employment by or on joining the Company.
This list is not exhaustive and is intended only to provide examples of the behaviour that may constitute misconduct/poor performance.
2.15 Appeals Procedure
If you wish to appeal against any formal disciplinary action you must do so within five working days of the date of the letter confirming the warning.
You must take all reasonable steps to attend the appeal meeting. The Company would expect any appeal to be in writing.
Appeals must be made on legitimate and genuine grounds and not simply as a device to delay the outcome of a reasonable disciplinary decision.
Any grievance related to the disciplinary procedure will be heard at a joint appeal/grievance meeting.
The purpose of an appeal is to review the original outcome with a fresh and open mind. The hearer of the appeal will decide the basis on which the appeal is to be heard and the procedure to be followed. You will be appropriately informed.
A representative from the Human Resources Department will make arrangements for your appeal to be heard. This will be by the next level of management or where this is not possible, by an appropriately designated alternate, at the same or higher level who has not previously been involved in the disciplinary hearing. In cases of dismissal, the appeal will normally be heard at Head of Department level or above.
At the appeal a different member of Human Resources will be present. You will also have the right to be accompanied (please see section 2.2).
If you appeal against a decision to dismiss and it is unsuccessful, your date of termination will remain as specified in your original letter of dismissal.
If your appeal is successful you will be reinstated with any loss of pay and with continuity of service.
The decision of the Manager hearing your appeal will be final and binding. It will be communicated to you in writing and copied to your personal file.
3.0 REFERENCES
Company Handbook
Grievance Procedure
Dignity at work policy
IT security policies
How 2 guidelines
Issue Date: September2005