Disciplinary procedures
Disciplinary action taken against you for matters concerning poor performance, behaviour or absence, etc. will normally follow the procedure detailed below.
Informal meeting
Your line manager will normally discuss any issues with you in an informal meeting, in an effort to correct any issues with you.
Formal disciplinaries
If the issues continue and cannot be addressed by informal means, or are of a serious nature, a formal disciplinary process will be undertaken.
First Written Warning
You will be interviewed by your line manager and given an opportunity to explain your case. If a disciplinary warning is deemed to be necessary, a First Written Warning will be given and a copy of this will be kept on your Personal File. The warning will remain on file but will be disregarded for disciplinary purposes after such time has elapsed for it to be no longer relevant provided your performance and/or conduct has reached a satisfactory level. Normally this will be six months.
The warning will detail the reason, the expected improvement, the time scale within which the improvement should occur, the names of the persons present during the meeting, and the consequences of not meeting the standards required.
Second Written Warning
Where further action is deemed to be necessary your line manager will issue a Second Written Warning. This Second Written Warning will be issued in the same way as for the First Written Warning detailed above. A Second Written Warning will remain on file but will be disregarded for disciplinary purposes after such time has elapsed for it to be no longer relevant provided your performance and/or conduct has reached a satisfactory level. Normally this will be six months.
Final Written Warning
If further action is deemed necessary, a Final Written Warning will be issued by your line manager in the same way as detailed above but will state that further disciplinary action will result in dismissal. A Final Written Warning will remain on file but will be disregarded for disciplinary purposes after such time has elapsed for it to be no longer relevant provided your performance and/or conduct has reached a satisfactory level. Normally this will be twelve months.
Dismissal
If further action is deemed necessary, you will be given an opportunity to explain your case to Simon Jones who will then decide if dismissal is appropriate.
Summary Dismissal/Gross Misconduct
In the case of Gross Misconduct, you will be summarily dismissed without notice and without issuing warnings as detailed above. Such action will not take place until you have been given an opportunity to explain your actions at a disciplinary hearing. Gross Misconduct includes physical violence, fighting, theft, improper personal behaviour, malicious damage to property or other similar offences. This list is not exhaustive and other serious offences or serious operational incompetence may also constitute gross misconduct.
Not every infringement of established standards of conduct, failures of performance, incapacity to perform the job or late attendance will result in the implementation of the disciplinary procedure, and informal warnings may be issued. (These may be referred to in any formal disciplinary procedures and may influence the outcome of any disciplinary hearing). However, repeated action is likely to result in formal disciplinary action being taken.
Although each step in the disciplinary procedure will normally be used in sequence Studio 24 reserves the right to use any step in the procedure if, in the view of Studio 24, the disciplinary action warrants this.
Studio 24 reserves the right to vary the disciplinary procedure dependent on either the seriousness of the allegations of misconduct or capability to be addressed, or if you only have a short amount of service (less than 24 months).
If you are a short service employee or are still within the probationary period, you may not be issued with any warnings before dismissal.
Demotion and Suspension
Studio 24 reserves the right to use demotion as a disciplinary sanction or as an alternative to dismissal at any stage during the disciplinary procedure. Refusal to accept demotion at any stage in the procedure may result in dismissal. Studio 24 also reserves the right to suspend you pending investigations into serious allegations of misconduct. Studio 24 further reserves the right to suspend you without pay as a disciplinary measure at any stage in the procedure and such suspension would be for a maximum of five days.
Right to be accompanied
You will have the right to be accompanied by a fellow employee or trade union representative at any formal disciplinary or dismissal meeting. The accompanying person will be allowed to address the hearing and to ask questions but will not have the right to answer questions on your behalf. Your chosen companion will also be allowed reasonable time to confer privately with you either within the hearing room or outside and have access to relevant papers.
Appeals
You will have the right to appeal against any disciplinary or dismissal decision made by Studio 24. Any appeal should be put in writing, stating the reason for the appeal, and submitted to Simon Jones or Gerald Coteman, Non-Executive Director, within seven days of receipt of the disciplinary warning or notice of termination. If an appeal hearing is established, you will have the right to be accompanied by a fellow employee or trade union representative.
The above disciplinary procedure does not form part of your contractual terms of employment.