ETAPA DE OPERACIÓN Impacto ambiental

7.1 Disciplinary action may be taken, as a result of a disciplinary hearing, in one of the following forms.

LEVEL OF AUTHORITY ACTION

Line manager’s manager formal verbal warning or nominated Deputy written warning

Assistant Director or final written warning

nominated Deputy dismissal

reduction in salary in the same grade withholding of incremental progression compulsory transfer

Other forms of disciplinary action may only be taken with the agreement in writing of the employee concerned.

8. WARNINGS

8.1 The 'currency' of a warning under the disciplinary procedure is the period during which the warning shall remain in force. All warnings will normally be active for a maximum period of twelve months satisfactory service.

8.2 Warnings will cease to be “live” following the specified period of satisfactory conduct and should be disregarded for future disciplinary purposes. There may, however, be occasions where an employee’s conduct is satisfactory throughout the period the warning is in force only to lapse very soon thereafter. Where a pattern emerges and there is evidence of abuse, the employee’s disciplinary record should be borne in mind in deciding how long any current warning should last.

8.3 Exceptionally, there may be circumstances where the misconduct or

negligence is so serious - verging on gross misconduct or negligence - that it cannot realistically be disregarded for future disciplinary purposes. In such circumstances it should be made very clear that the final written warning can never be removed and that any recurrence will lead to dismissal.

8.4 FORMAL VERBAL WARNING

(a) If as the result of the disciplinary interview, the Chair considered that the offence warrants a formal verbal warning then a written record of that warning shall be given to the employee with a copy on the personal file within three to five working days. The purpose of the warning is to allow the employee to understand and correct any shortcomings before any further formal action is taken.

(b) The Chair will try to determine the reasons for misconduct and may make recommendations on appropriate training, additional supervision, etc. after consultation with the employee’s manager.

(c) Within ten working days of receiving the written record of the warning the employee may inform the Chair of the original hearing that they wish to

hearing.

8.5 WRITTEN WARNING

a) The Chair will write to the employee within five working days with a copy on the Personal file.

b) Within ten working days of receiving the written warning the employee may inform the Chair of the original hearing that they wish to appeal. The manager who will Chair the appeal will arrange an appeal hearing c) In normal circumstances a final written warning will only be issued after

written warnings have been given for similar offences. However, the level of warning depends on the seriousness of the disciplinary matter under investigation. Serious misconduct could justify a final written warning. It is possible to issue a final written warning for a first offence.

8.6 All forms of warnings must include the following details: (a) An explanation of why disciplinary action was taken;

(b) The nature of the warning, i.e. verbal, written or final written warning, and state that the facts will be entered on their personal record;

(c) The currency of the warning

(d) The standard of conduct or performance required in the future (e) Where appropriate timescales for improvement with review dates (f) Any facilities to be made available to the employee to assist them in

improving their conduct;

(g) The nature of further action by the Council if there is no improvement on the part of the employee, i.e. the letter should leave the employee in no doubt that if the employee’s shortcomings are not corrected, further disciplinary action which could ultimately result in dismissal, may follow. (h) Give details of their right of appeal and to whom an appeal should be

addressed.

8.7 The warning should be handed to the employee whenever possible or posted directly by Recorded Delivery to the employee within three working days of the disciplinary hearing.

8.8 If the employee has difficulty reading, or if English is not their first language, the Chair should ensure the employee understands the content of the letter.

8.9 Under discrimination legislation, an employer may have a duty to assist

employees in formulating a written appeal if they are unable to do so themselves due to a disability or language barrier.

9.1 No employee should be dismissed for a first breach of discipline except in cases of gross misconduct or negligence.

9.2 Examples of the kind of behaviour which could constitute gross misconduct or negligence include the following:-

(i) theft;

(ii) fraud and deliberate falsification of records; (iii) physical or verbal assault;

(iv) deliberate damage to property;

(v) fraudulent misuse of an organisation's property or name; (vi) serious incapability brought on by alcohol or drug abuse;

(vii) serious negligence which causes unacceptable loss, damage or injury; (viii) serious acts of insubordination;

(ix) serious infringement of health and safety rules; (x) serious breach of confidence;

(xi) misuse of the Council's I.T. facilities; (xii) serious bullying or harassment;

(xiii) bringing the City Council into disrepute.

9.3 The above are only examples. There is no exhaustive list. Gross misconduct or negligence is generally seen as misconduct serious enough to destroy the employment contract between employer and employee and make any further working relationship and trust impossible. Where it is believed that an

employee has committed an act of gross misconduct or negligence they may (following proper investigation where necessary and disciplinary hearing) be summarily dismissed (i.e. the dismissal should be without notice period or pay in lieu of notice).

9.4 In cases of dismissal a letter should state:

a) An explanation of why disciplinary action was taken; b) The decision of the Panel

c) The date on which the employment contract will terminate

d) The appropriate period of notice – except in cases of summary dismissal e) Their right of appeal

9.5 If the employee has difficulty reading, or if English is not their first language, the Chair should ensure the employee understands the content of the letter.