Disciplinary
1.0Introduction:
As part of the management Policy of the Company a formal disciplinary procedure has been implemented. Its intention is to create an atmosphere in which discipline may be preserved, whilst securing for the individual a right to be fairly heard.
The following procedure refers to “employees” but shall apply to all persons who perform work for the Company including employees, self-employed persons, casuals, those on short-term contracts, Carers and agency employees.
2.0Objectives:
To ensure that the Company complies with all employment legislation in the matter of any disciplinary action which may need to be taken against an employee.
To ensure the fair and just treatment of employees
To ensure that all employees shall have a full understanding of the disciplinary procedure.
3.0Procedure:
General
Before any formal disciplinary procedure is put into action, informal consultation may take place with the employee concerned in order that any dispute or concern may be resolved amicably where possible.
Procedure OP 4.7.4 Grievance
Where this is not possible or appropriate, the Company shall implement a formal disciplinary procedure in accordance with statutory and legal requirements
Employment Protection (Consolidation) Act 1978
Employment Relations Act 1999
Employer Law Act – pending
Disciplinary
The Care Director shall ensure that all employees who perform work for the Company, including self-employed persons, casuals, those on short-term contracts and Carers shall be aware of the Company’s disciplinary procedure and as part of the Induction Training, where applicable.
Procedure OP 4.6.3 Induction Training
Each individual shall be given a copy of the Company’s Terms and Conditions of Employment contained within the Company Handbook on joining the Company and shall make every effort to ensure that the rules contained therein are observed.
Terms and Conditions of Employment
Company Handbook
Both sides shall have the ability to address the issues in a disciplinary hearing in order to ensure the fair and just hearing of individuals who may have become liable for disciplinary action.
All official warnings will be recorded and copies retained in the employee’s personal file.
Should an instance arise of an employee establishing the practice of complying with warnings and then lapsing after the required period of good behaviour, the right is reserved to invoke the procedure at an appropriate stage.
The individual concerned shall have the right to appeal any decision leading to disciplinary action.
Terms and Definitions
Misconduct:
Relates to circumstances where an employee fails to meet a satisfactory standard with regard to:
ΟConduct,
ΟJob performance
ΟAttendance
ΟTimekeeping
ΟObservance of working rules, codes of practice, standards and regulations
Disciplinary
Where misconduct applies and it is considered that action beyond an informal warning is required, the formal disciplinary procedure will apply:
Gross Misconduct
This is not an exclusive or exhaustive list but examples of Gross Misconduct shall include:
ΟFighting
ΟIntoxication on the work premises,
ΟUnauthorised possession of Service User’s property or that of a fellow employees
ΟFraud
ΟMissed Calls to Service User’s
ΟOther serious breaches of the Company’s Terms and Conditions of Employment
The Process
Stage 1
The employee’s immediate Manager, in the presence of Human Resource Manager or other senior member of staff, shall give the employee a verbal warning.
The verbal warning shall be recorded on the employee’s personal record. This shall include:
ΟDate of warning
ΟThe person who gave the warning
ΟThose present at the time of the warning
ΟReason/s for the warning
ΟResponse from the employee concerned
ΟAgreed corrective actions
A verbal warning will last for a period of not more than three (3) months during which time improvement will be expected and recorded on the employee’s personnel file
Procedure OP 4.7.8 Assessment and Review
Disciplinary
Where the employee meets the required standard at the end of the period specified, the verbal warning shall be deemed to have expired.
The employee’s personal record shall record and date that the warning has expired.
In the event of failure to meet required standard within the period specified in the verbal warning and also in the case of a more serious first offence, the second stage of the process will be put into effect.
In the case of a very serious first offence, the third stage of the process will be put into effect.
Stage 2
The employee will be issued with a written warning by their Manager, and will be countersigned by the Human Resource Manager or the relevant Branch Manager.
A copy of the written warning shall be held on the employee’s personal record.
A written warning will last for not more than six (6) months, during which time improvement will be expected and recorded on the employee’s personnel file
Where the employee meets the required standard at the end of the specified period then the written warning shall be deemed to have expired.
The employee’s personal record shall record and date that the warning has expired.
In the event of failure to meet the required standard within the period specified in the written warning, and also in the case of a very serious first offence, the third stage of the process will be put into effect.
Stage 3
Their Manager will issue the employee with a written warning and this will be countersigned by the Human Resource Manager or in the case of a Carer, the relevant Branch Manager may sign in the place of the HR Manager.
A final written warning will last for not more that nine (9) months, during which time improvement will be expected and recorded on the employee’s personnel file
Disciplinary
Where the employee meets the required standards at the end of the period specified, the final warning will be deemed to have expired.
The employee’s personal record shall record and date that the warning has expired.
In the event of the failure to meet the required standard within the period specified in the final written warning, the fourth stage of the process will be put into effect.
Stage 4
A “Notice of Termination” will be given in writing to the employee as provided for in the employee’s Terms and Conditions of Employment Handbook.
Exceptions
Should an instance arise of an employee establishing the practice of complying with warnings and then lapsing after the required period of good behaviour, the right is reserved to invoke the process at an appropriate stage.
In cases of Gross Misconduct, the employee shall be liable to summary dismissal.
Where it is considered necessary, a employee will be suspended on full pay whilst prompt and thorough investigations are made into the case.
Following the investigation, the employee will be advised of the results and interviewed in order to determine the appropriate disciplinary action.
The company will provide a written statement of the reasons for the dismissal.
Records and Appeals
At all stages of the process the employee concerned shall be given the opportunity to state their case to management who will give the statement full consideration having firstly investigated and recorded all the facts promptly and thoroughly.
Disciplinary
Where an official verbal or written warning is given, the employee will be informed that this constitutes a formal stage of the disciplinary procedure and will be given a clear written statement of misconduct and the consequences if further misconduct occurs.
Any employee has the right to appeal against dismissal.
The employee concerned should make such an appeal to the Human Resource Manager within two days of their dismissal.
The appeal will be heard by the Human Resource Manager unless he/she has been involved in the decision to dismiss.
In this case another member of the senior management will consider the appeal.
This period includes time to obtain any information from outside sources relevant to the case.
Representation
The employee may be represented by a fellow employee, in which case the representative shall have a minimum of 48 hours to gather all the facts, study the case and prepare material for the disciplinary hearing.
4.0Persons Responsible:
Group Director
Care Director
H R Manager
Branch Managers
Quality Care Supervisors
Domiciliary Carers
All employees
The Group Director has overall responsibility for the authorisation of this procedure
The Care Director is responsible for ensuring that training in the disciplinary procedure is given as part of the induction training.
The Human Resource Manager has overall responsibility for the proper and effective implementation of any disciplinary action/s.
Disciplinary
Branch Managers are responsible for ensuring that all disciplinary actions taken against employees under their control are dealt with correctly and promptly.
Supervisors are responsible for ensuring that Carers are assisted in this procedure
All employees are responsible for the correct implementation of this procedure.
5.0Associated Documentation and References:
Documents
QM 4.7.5Disciplinary
OP 4.6.3 Induction Training
OP 4.7.4 Grievance
OP 4.7.8 Assessment and Review
Legislation
Employment Protection (Consolidation) Act 1978
Employment Relations Act 1999
Employer Law Act – pending
Records
Company Manual
Terms and Conditions of Employment Handbook
6.0Document History:
This section shows the approval and revisions of this document since its first issue. A vertical line in the left margin opposite the change will usually indicate changes from the previous version.
Version / Comments / Approved by / Date approved / Date of next review01 / First issue of document / Q M / 08.07.05 / 08.07.06
Text, graphics and pictures published in this document are the intellectual property of Briarcare Ltd. They may not be passed to other parties, either wholly or in part, except with the express permission of Briarcare Ltd
Br-SM/OP 4.7.5 Issue 01 Authorised By K Stokeld Printed on 11/17/2018 Page 1 of 8