Disciplinary Policy

From 24-7Wiki

Introduction

The purpose of the disciplinary procedure is to ensure that any concerns over employees’ conduct or performance are handled in a fair, consistent and timely manner with the intention of bringing about an improvement, and to protect the proper operation of 24-7 Prayer’s business and the health and safety of its employees.

This procedure may be reviewed and updated from time to time. Any amendments will be notified to employees in writing, following consultation and/or notice where appropriate.

Rules and Application

The following are some examples of types of conduct that will normally be addressed through implementation of 24-7 Prayer’s disciplinary procedure:

• Unsatisfactory work performance;
• Breaches of company policies and procedures;
• Inappropriate behaviour (e.g. fighting, drunkenness, etc.);
• Persistent inappropriate lateness or failure to work agreed upon hours;
• Unacceptable levels of absence, especially when unauthorised;
• Serious or repeated failure to follow reasonable requests or instructions;
• Abuse, misuse or neglect of company property or facilities.

The disciplinary procedure does not apply to:

• termination of employment during or at the end of a new employee’s probationary period (including any extended probationary period); or
• termination of employment by reason of redundancy; or
• termination of employment by mutual consent.

Where time limits are referred to in this procedure, they may be shortened or extended by mutual consent.

Disciplinary matters will be handled with as high a degree of confidentiality as is practicable, particularly when the issue is of a sensitive nature.

Confidential records of disciplinary matters will be kept in the employee’s personnel file in accordance with Data Protection legislation. Copies of meeting notes will be provided to the employee, although the Company reserves the right to withhold certain information (e.g. to protect a witness).

24-7 Prayer reserves the right to suspend an employee from work on full pay, normally for no more than five working days, while a disciplinary offence is investigated.

24-7 Prayer reserves the right to monitor employees’ activities including telephone calls, email messages and internet use at any time, whether as part of a disciplinary investigation or otherwise. Employees should therefore not consider such activities and methods of communication to be confidential when conducted at work.

24-7 Prayer reserves the right to search an employee’s desk, bags, pockets, vehicle or other company property or personal possessions where such action is considered necessary in the opinion of 24-7 Prayer. A search will only be carried out by an appropriate person in the presence of a witness and employees may request the presence of a work colleague.

Minor disciplinary offences and general issues of poor performance will be handled informally in the first instance, through discussion/counselling and informal warning(s). Where an informal approach fails to bring about the desired improvement, or where the offence is more serious, the formal disciplinary procedure will be followed.

Formal Disciplinary Procedure

There will be a careful investigation of any alleged offence before disciplinary action is taken against an employee. If the Company concludes that there are reasonable grounds to believe that the employee may have committed an act of misconduct, he/she will be asked to attend a disciplinary hearing. In the event of poor performance by an employee, disciplinary hearings will usually be undertaken only where informal approaches have failed to produce a satisfactory improvement.

In the event of a disciplinary hearing, 24-7 Prayer will:

• give the employee a minimum of 24 hours’ advance notice of the meeting in writing, making it clear that the meeting is being held under 24-7 Prayer’s formal disciplinary procedure and detailing the alleged misconduct;
• remind the employee of their right to be accompanied at the meeting by a work colleague;
• give the employee, at the meeting, a full explanation of the case against them;
• give the employee, at the meeting, every opportunity to challenge allegations against them, state their case and put forward an explanation of their conduct and any mitigating factors;
• take all relevant factors into account before reaching decisions about any disciplinary action;
• confirm the outcome of the disciplinary hearing in writing within five working days, specifying the reason for any disciplinary action, the standards of conduct or work performance expected, details of any objectives and timescales agreed, the consequence of failing to achieve acceptable improvements, and the period after which any warning will be disregarded for disciplinary purposes;
• remind the employee of their right to appeal against any disciplinary action;
• maintain appropriate records on the employee’s personal file.

The stages of the formal disciplinary procedure shall be as follows:

• Stage 1 – formal verbal warning
• Stage 2 – first written warning
• Stage 3 – final written warning
• Stage 4 – dismissal (or other penalty)

If a warning does not bring about the desired level of improvement in the employee’s conduct or performance, or for repeated minor offences, then the employee will normally progress to the next stage of the formal procedure. The Company reserves the right to implement the procedure at any stage, taking into account the nature and severity of the disciplinary offence. For example, where conduct is sufficiently serious to justify only a single written warning but insufficiently serious to justify dismissal, an employee may be given a final written warning for a first offence. Employees will not be dismissed for a first disciplinary offence (except for gross misconduct).

Where appropriate, the Company reserves the right to impose disciplinary penalties as an alternative to dismissal. Such penalties may include, for example: unpaid suspension for up to 10 working days, or loss of pay/benefits.

Decisions to dismiss or impose disciplinary penalties must be approved by the General Manager before being communicated to the employee.

Gross Misconduct

In the event that an employee commits an act of gross misconduct, 24-7 Prayer is entitled to summarily terminate the employee’s contract of employment without notice or pay in lieu of notice. The following non-exhaustive list gives examples of offences that 24-7 Prayer will normally regard as gross misconduct:-

• Theft, fraud, dishonesty or deliberate falsification of records;
• Fighting, assault or other violent behaviour;
• Deliberate damage to, or misuse of, company property;
• Deliberate use of internet and/or email to access or distribute material of a pornographic, offensive, obscene or inappropriate nature;
• Incapability at work due to the effect of alcohol or drugs;
• Serious breach of the Company’s rules, policies and procedures;
• Serious negligence which causes loss, damage or injury;
• Conviction of a criminal offence that is relevant to the employee’s employment with the Company and renders them unsuitable for their work;
• Conduct likely to bring the Company’s name into disrepute;
• Serious acts of insubordination.

Appeal

Employees have the right to appeal against any formal disciplinary action. An appeal should be made in writing within five working days. An appeal meeting will be arranged and the outcome confirmed in writing within five working days of the meeting. Decisions made at this stage will be final. Where possible, the appeal will be handled by a different person than the one involved in the disciplinary hearing. However, where this is not practicable, the same person may handle both the disciplinary and the appeal meetings and he/she will act as impartially as possible.

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