Disciplinary Policy & Procedure
Last updated
Last updated
1.1 The purpose of the Bristol Cable’s Disciplinary Policy is to ensure that the principles of equality and fairness are applied when dealing with matters that may require disciplinary action. Employees will be made aware of the standards of conduct and performance that are required of them and will have opportunities for guidance that will enable them to meet the required standards and to understand clearly the steps that must be taken when standards are not met.
1.2 Informal discussions will be used, where possible, to resolve matters prior to any disciplinary action being taken.
1.3 This policy and procedure may be amended from time to time.
2.1 It is not practical to list all the offences which may result in formal disciplinary action. The following are examples of offences and are grouped under the three headings of Unsatisfactory Conduct or Capability; Serious Misconduct or Negligence; or Gross Misconduct or Gross Negligence.
2.2 Some acts are so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence. A disciplinary process will be followed before dismissing for gross misconduct or gross negligence.
2.3 Unsatisfactory Conduct or Capability
Sustained and unexplained unsatisfactory attendance record
Sustained and unexplained poor timekeeping
Unauthorised absence
Minor violations of safety practices
Initial refusal to follow policies and procedures of the organisation.
2.4 Serious Misconduct or Negligence
Incapacity to work owing to intoxicants or drugs
Serious or continued unsatisfactory performance/lack of capability
Serious breach of safety rules or procedures
Subsequent refusal to follow policies and procedures of the organisation
Breach of confidentiality relating to The Bristol Cable, its staff or members
Deliberate or reckless damage to Bristol Cable property
Falsification of a qualification which is a stated requirement of employment
Conduct which brings The Bristol Cable into disrepute.
2.5 Gross Misconduct or Gross Negligence
Any form of dishonesty, including theft or fraud
Gross negligence in the performance of duty
Physical violence (actual or threatened)
Discrimination or harassment.
3.1 Where issues of conduct become apparent, informal discussions will normally take place in the first instance to attempt to correct the situation without having to use the formal disciplinary procedure. Where improvement is required, the employee will be given clear guidelines as to what is expected of them. Failure to improve may result in formal disciplinary action.
3.2 The Lead of the People Circle will keep a record of the informal discussions and recommendations with the employee.
3.3 The following procedure will be followed before disciplinary warnings are given or a member of staff dismissed.
3.4 The process can be suspended if any of the involved parties are off sick.
3.5 The Disciplinary Chair will normally be the Lead of the People Circle, unless there is a reason why this would not be appropriate, for example, a conflict of interest.
3.6 If a reasonable concern is raised why they should not be the Chair, a Board representative, should assess this claim and, if deemed a legitimate concern, appoint an alternate chair from within the staff team who they deem able to conduct the process.
3.7 The Chair will carry out any necessary investigations of potential disciplinary matters without unreasonable delay, to establish the facts of the case. The purpose of the investigation is to find out if there is a disciplinary case to answer.
3.8 In some cases this will require the holding of an investigatory meeting with the employee before proceeding to any disciplinary hearing. In others, the investigatory stage will be the collation of evidence by the employer for use at any disciplinary hearing.
3.9 The Chair will appoint additional member(s) from either the People Circle or the Board of Directors to sit on the disciplinary panel.
3.10 The Bristol Cable reserves the right to suspend the employee as a neutral act on full pay for no longer than two weeks while any allegations are fully investigated. This is not a form of disciplinary action and should not be seen as a suggestion of guilt.
3.11 If it is decided that there is going to be disciplinary action taken, the employee will be notified of this in writing. This notification will contain sufficient information about the alleged misconduct or performance failing and its possible consequences to enable the employee to either respond to a written warning or prepare to answer the case at a disciplinary meeting. It will normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.
3.12 The notification will also give details of the time and venue for the disciplinary meeting and advise the employee of their right to be accompanied at the meeting by a colleague or trade union representative.
3.13 We will give the employee one week’s notice of this meeting.
3.14 The Disciplinary Chair will chair the hearing. The employee will be allowed to set out their case. The employee will also be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses. They will also be given an opportunity to raise points about any information provided by witnesses.
3.15 Where an employer or employee intends to call relevant witnesses they will give advance notice to the other party that they intend to do this.
3.16 The employee, and anyone accompanying them, including witnesses, must not make electronic recordings of any meetings or hearings conducted under this procedure.
3.17 The decision will be sent to the employee in writing within five working days.
3.18 A first or final written warning will set out the nature of the misconduct or poor performance and the change in behaviour or improvement in performance required (with timescale). The employee will be told how long the warning will remain current. The employee will be informed of the consequences of further misconduct, or failure to improve performance, within the period stated by the panel following a final warning.
3.19 Where improvement is required, the employee will be given clear, written guidelines as to what is expected of them. The employee will be informed in writing, where appropriate, that failure to improve may result in further formal disciplinary action.
3.20 A record will be kept of all written warnings. The warnings themselves will be disregarded for disciplinary purposes after a period of time, usually six months for each warning.
3.21 A decision to dismiss, with or without notice, will be taken only with the approval of the People and Governance subgroup.
3.22 The employee will be informed of the reasons for the dismissal, the date on which the employment contract will end, the appropriate period of paid notice, if any, and their right of appeal.
3.23 When the employee is sent a written notice of the decision of the Disciplinary Panel, they will be informed of their right to appeal. If the employee wishes to appeal they must do so within five working days. Appeals will only be granted on the grounds that the original process was flawed, or new information coming to light that could not reasonably have been surfaced originally.
3.24 The Appeal will be chaired by an Appeals Chair, who will normally be a Board Director. The Appeals Chair may appoint additional member(s) from the People Circle, the wider staff team or the Board of Directors to sit on the appeals panel. At least one of the members of the Appeals panel must be from the staff team.
3.25 Employees have the right to be accompanied to an appeal hearing, as above.
3.26 The employee will be notified of the decision of the Appeal Panel no more than five working days after the date of the appeal hearing.
Dealing with cases of overlapping discipline and grievance
3.27 If an employee brings a grievance about any circumstances relating to a course of disciplinary action being taken against them, the Bristol Cable will suspend the disciplinary procedure for a defined period whilst the grievance is dealt with. Depending on the nature of the grievance, the Bristol Cable may choose to bring in a Board member to conduct or oversee the disciplinary process.
Created March 2018
Revised by: Hannah Vickers, Julia Beasley, July 2021
Authorised by staff team: November 2021
Authorised by Directors: December 2021
Minor amendments made by Cait: December 2023
Authorised by Directors: March 2024
Authorised by Coordinators:
Policies should be reviewed every 2 years, unless:
We approve a proposal that changes the policy
There’s a change to the organisation that will change the policy
There’s a change in the law that affects the policy
