OUR DISCIPLINARY POLICY

Transcription

1 OUR DISCIPLINARY POLICY WHO is this plicy fr? Channel 4 emplyees wh ve passed their prbatinary perid Channel 4 managers This plicy des nt frm part f any emplyee s cntract f emplyment and we may amend it at any time WHY is this plicy imprtant? Because we take perfrmance and cnduct issues seriusly Open, hnest and regular dialgue is key t prductive wrking relatinships. It ensures that expectatins between managers and emplyees are clear and understd, and that any misunderstandings are minimised. If an emplyee fails t meet the requirements f their jb in cnduct, attitude r perfrmance a quiet wrd (tgether with relevant help t aid imprvement) can ften reslve things quickly. Hwever, smetimes frmal disciplinary prcedures are called fr t manage unsatisfactry perfrmance and issues f miscnduct r grss miscnduct (see belw). Ideally, the aim is t bring abut imprvement remedying, rather than punishing but in cases f alleged grss miscnduct the end result culd be summary dismissal. WHAT are the details f the plicy? Here are ur guiding principles Our disciplinary prcess is based n the ACAS Cde f Practice: Disciplinary & Grievance Prcedures. This cde and ur Disciplinary Plicy d nt apply t dismissals due t redundancy r the nn-renewal f fixed-term cntracts Issues and cncerns will be explained t an emplyee, and they ll be able t respnd and agree hw perfrmance imprvements/changes in behaviur can be achieved Where the miscnduct is cnsidered t be minr, a manager may deal with the matter infrmally by explaining the standard f cnduct required by the emplyee. This culd frm part f supervisin r a separate discussin and des nt cnstitute a disciplinary warning Where apprpriate and relevant, additinal training r caching will be prvided t help the emplyee meet the required imprvements A wrk clleague r trade unin rep may accmpany an emplyee t any meetings if the disciplinary prcess becmes frmal All issues and allegatins f miscnduct will be investigated and discussed befre any decisins are taken HR will nt nrmally be invlved in infrmal discussins, but must always be invlved in the frmal disciplinary prcess File ntes f meetings will nrmally be taken and shared with the emplyee at their request Channel 4 reserves the right t start the disciplinary prcedure at any stage (as set ut belw), depending n the alleged miscnduct f an emplyee. Emplyees will nt nrmally be dismissed fr a first disciplinary ffence unless it s fr grss miscnduct

2 Where time limits are referred t in the curse f this prcedure, they may be changed as lng as the emplyee and Channel 4 agree All emplyees wh ve been thrugh the disciplinary prcess have the right t appeal any decisins made. A manager with n prir invlvement in the case will hear the appeal Where pssible, Channel 4 will make reasnable adjustments t this plicy, its prcedure and peratin t cater fr emplyees with disabilities What is unsatisfactry perfrmance? Unsatisfactry when cmpared with the standard required by Channel 4, r ther emplyees carrying ut the same, similar r equivalent wrk Unsatisfactry thrugh nt meeting reasnable standards f perfrmance where the wrk is f an unusual r specialist nature and where there are n cmparatrs What is miscnduct? A few examples (nt exhaustive) are: Minr vilatin f Channel 4 s rules r prcedures Absenteeism r persistent lateness Resistance t carrying ut reasnable assigned tasks Misuse f Channel 4 s r internet system What is grss miscnduct? A few examples (nt exhaustive) are: Harassment, bullying r physical assault Deterring (r attempting t deter), victimising r harassing an emplyee raising a cncern under ur Whistleblwing Plicy Insubrdinatin r passive resistance t instructin Incapacity at wrk due t alchl r drug abuse Negligence which causes r might cause lss, damage r injury Breach f rules f cnfidentiality Serius misuse f Channel 4 s and internet systems, r ther systems Lading unauthrised sftware n t Channel 4 s cmputers Assisting cmpetitrs r cnspiring t cmpete with Channel 4 Any act f bribery r inducement, r the failure t reprt such an act Fraud A detailed explanatin f ur prcedures 1. Investigatin A manager will prmptly investigate any matter that s suspected r believed t be a disciplinary matter, r ne that cntravenes any f Channel 4 s plicies r rules. The emplyee will be infrmed as sn as pssible abut the nature f the cmplaint and the utcme f the investigatin Depending n the circumstances f the case, the emplyee may be invited t attend an investigatry interview (there s n right t be accmpanied). If ne is held befre a disciplinary hearing, the emplyee will be infrmed at the utset that the interview is purely investigatry. Channel 4 reserves the right t prceed directly t a frmal disciplinary hearing At any pint befre r during an investigatin, if it s believed that the matter invlves grss miscnduct, is f a sensitive nature r where the presence f the emplyee at wrk may hinder the investigatin, the emplyee may be suspended frm wrk immediately n full pay and cntractual benefits. Any decisin t suspend shall be made by Head f HR Management this will be cnfirmed in writing, stating that the suspensin s precautinary (nt disciplinary) pending the utcme f the disciplinary prceedings. The length f the suspensin shuld be kept as shrt as pssible 2. Disciplinary hearing If, nce the investigatin s cmplete, there are reasnable grunds t believe that an emplyee has cmmitted an act f miscnduct, the emplyee will be invited t

3 attend a disciplinary hearing. This will be chaired, where pssible, by a different manager t the ne wh carried ut the investigatin. If a disciplinary hearing is t take place, Channel 4 will: Give the emplyee a minimum f tw days' warning f the hearing in writing Tell the emplyee the purpse f the hearing and that it will be held under Channel 4 s disciplinary prcedure Infrm the emplyee f their right t be accmpanied t any meetings by a wrk clleague r trade unin rep Give the emplyee written details f the nature f their alleged miscnduct Prvide the emplyee with relevant infrmatin (including witness statements) befre the hearing If the emplyee s unable t attend a disciplinary hearing, and prvides a gd reasn fr nn-attendance, the hearing may be adjurned t anther day. Unless there are special circumstances mitigating against it, if the emplyee s unable t attend the rearranged hearing, that hearing will take place in the emplyee's absence. If this happens, the persn accmpanying the emplyee can attend and will be allwed t present the emplyee's case (alng with any written submissins made by the emplyee) If the emplyee wants t rely n a relevant witness, the witness statement must be given t the manager hearing the case befre the date f the hearing If the persn accmpanying the emplyee cannt attend n the planned date, the meeting shall be rearranged n a suitable date within tw wrking days f the riginal date r lnger if mutually agreed 3. Cnduct f the disciplinary hearing A disciplinary hearing will nrmally be cnducted by a Channel 4 manager, supprted by HR, tgether with an apprpriate persn t take minutes (the panel). Wherever pssible, the manager respnsible fr the investigatin shall nt be a member f the panel, but may present any supprting facts/material t the disciplinary hearing. The emplyee is entitled t be given a full explanatin f the case against them and be infrmed f the cntent f any statements prvided by witnesses Where an emplyer r emplyee intends t call relevant witnesses, they must give advance ntice that they intend t d this and prvide the manager hearing the case with any witness statements befre the hearing. The emplyee will als be entitled t state their case in respnse t the manager s case and put frward an explanatin f their cnduct and/r mitigating factrs The panel may adjurn the disciplinary prceedings if it s necessary r desirable t d s e.g. in rder t gather mre infrmatin. The emplyee will be infrmed f the perid f any adjurnment. If further infrmatin s gathered, the emplyee and the persn accmpanying them will be allwed reasnable time t cnsider the new infrmatin befre the disciplinary prceedings recnvenes. The emplyee may als adjurn the meeting if they need a break r t cnfer with the persn accmpanying them As sn as pssible after the cnclusin f the disciplinary prceedings, the manager leading the hearing will: Infrm the emplyee f the panel s decisin abut what disciplinary actin, if any, is t be taken Cnfirm the decisin in writing Ntify the emplyee f their right f appeal under this prcedure 4. Disciplinary actin (frmal prcedure) If Channel 4 believes the emplyee s cmmitted a disciplinary ffence (after an investigatin and disciplinary hearing), the fllwing sanctins may be applied. First written warning. This may be given where it s fund that cnduct desn t meet required standards, r if there s further miscnduct n the part f the emplyee. Written cnfirmatin will: Set ut the nature f the miscnduct

4 5. Appeal Infrm the emplyee that further miscnduct is liable t result in further disciplinary actin under this prcedure State that the emplyee may appeal against the warning Specify that the warning will remain live fr a perid f six mnths Final written warning. Where mre serius miscnduct has ccurred, r where there have been further minr ffences (f a similar r different nature) fllwing a first written warning that is 'live', the emplyee will receive a final written warning. This will: Set ut the nature f the miscnduct Infrm the emplyee that further miscnduct is liable t result in further disciplinary actin under this prcedure which culd result in dismissal State that the emplyee may appeal against the warning within seven days Specify that the warning will remain live fr a perid f 12 mnths, r lnger in exceptinal circumstances Dismissal. This culd be where: The emplyee s fund t have cmmitted further acts f miscnduct (but nt grss miscnduct) fllwing a previus final written warning. The emplyee may be dismissed with ntice r with pay in lieu f ntice Channel 4 establishes that an emplyee has cmmitted an act f grss miscnduct. The emplyee may be summarily dismissed Actin shrt f dismissal. In exceptinal circumstances (fllwing an investigatin), if it s fund that a serius disciplinary ffence has been cmmitted that justifies dismissal, r where dismissal is justified due t further miscnduct fllwing previus existing warnings, Channel 4 may decide a lesser penalty s apprpriate. Where this is the case, the lesser sanctin shall be specified by Channel 4 and may nly be applied if the emplyee agrees, and agrees t it, in writing. The lesser sanctin may be: Disciplinary suspensin withut pay Demtin Transfer t a different jb f a lwer status An emplyee may use ur Appeal Plicy t appeal against any frmal disciplinary decisin impsed against them under this prcedure The appeal must be in writing (stating grunds fr the appeal) and received within seven days f the date f the letter infrming them f the disciplinary decisin The appeal shall be dealt with impartially and, wherever pssible, by a manager wh s nt previusly been invlved in the case HOW d yu nw g abut things? Here s wh s respnsible fr what Managers fr: Ensuring that yur staff meet apprpriate standards f cnduct and perfrmance and are therefre respnsible fr taking initial actin when standards are nt met Having an infrmal meeting with an emplyee if they re failing t meet the perfrmance standards f their jb t explain their shrtcmings, set ut expectatins, listen t what the emplyee has t say, and identify ways t help them make imprvements. In mst cases this shuld be enugh t avid starting frmal prcedures Cnducting an investigatin int the alleged perfrmance/cnduct issue Heads Of Department fr: Assuming respnsibility (usually) fr the disciplinary prcess at final written warning stage, r in cases f suspected grss miscnduct The HR Team fr: Being invlved and assisting (if requested r apprpriate) in infrmal discussins

5 Always being invlved in the frmal disciplinary prcess and any meetings t ensure that the crrect prcedural steps are taken and t advise n fair applicatin f the prcedure WHERE can yu get related infrmatin? Yu may find the fllwing plicies helpful ur Bullying & Harassment Plicy, Whistleblwing Plicy and Appeal Plicy Plicy wner: Signed ff by: On: / / Next review date: