Disciplanary procedure

Disciplinary Procedure
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1. INTRODUCTION

This disciplinary procedure is designed to be used when an employee’s conduct or that of a volunteer falls below the standard expected. Usually it is a conduct issue if the employee or volunteer has control over their actions.

Where it is felt that an employee or volunteer  does not have control over their actions, consideration should be given to using the Capability Procedure.

MSAction is committed to maintaining high standards of conduct and performance. This disciplinary procedure is designed to help and encourage employees of MS Action and volunteers to achieve and maintain high standards of conduct, performance, and attendance. The procedure is intended to be fair, consistent, and transparent, ensuring that any disciplinary issues are dealt with promptly and appropriately.

2. Scope

This procedure applies to all employees of MS Action and to volunteers acting in an official capacity .It is based on the principles of natural justice and fairness, and it complies with UK employment law.

3.    Principles

. Fairness: All eemployees and volunteers will be treated fairly and     consistently.
. Confidentiality: Disciplinary matters will be handled confidentially.
. Right to Representation: Employees and volunteers have the right to be    accompanied by a colleague, trade union representative, or official at    any disciplinary meeting.
. No Prejudice: No disciplinary action will be taken until the matter has     been fully investigated.
. Appeals: Employees and volunteers have the right to appeal against any     disciplinary decision.

4.   Stages of the Disciplinary Procedure

4.1  Informal Stage

Purpose:

To resolve minor issues without the need for formal disciplinary action.

Process: The line manager will discuss the issue with the employee or volunteer informally, providing guidance on expected standards and any support needed to improve.

4.2 Formal Stage

‍IIf the issue cannot be resolved informally, the informal stage has beenunable to resolve the issue or if the matter is more serious, theformal disciplinary procedure will be followed.

Stage1:

Investigation

Purpose: To gather all relevant facts and evidence before deciding whether to proceed with a disciplinary hearing.

Process: An investigating officer will be appointed to conduct a thorough andi mpartial investigation. This stage may not be required if a formal investigation relating to the allegation or incident has already been carried out following a formal Complaint against an employee.

The employee will be informed of the investigation and the nature of the allegations.

The employee will be given the opportunity to provide their side of the story.

The investigating officer will compile a report summarizing the findings.

Stage 2: DisciplinaryHearing

Purpose: To formally consider the allegations and decide on appropriate action.

‍Process: The employee or volunteer will be given written notice of the hearing, including details of the allegations, the date, time, and location of the hearing, and the irright to be accompanied.

The hearing will be conducted by the manager or Board Member who has not been involved in the investigation.

The employee will have the opportunity to present their case, call witnesses, and respond to the evidence.

The manager or Board Member will consider all the evidence and decide on the appropriate action, which may include:

. No action
. A verbal warning
. A written warning
. A final written warning
. Dismissal, or in the case of a volunteer cessation of their services

‍Stage 3: Outcome

Purpose: To communicate the decision and any actions to be taken.

‍Process: The employee or volunteer will be informed of the decision in writing, including the reasons for the decision, any actions to be taken, and the right to appeal.

The written outcome will also specify the duration of any warning and the consequences of further misconduct.

Stage 4: Appeal

Purpose: To provide an opportunity for the employee or volunteer to challenge the decision.

Process: The employee or volunteer must submit their appeal in writing within 10 working days of receiving the disciplinary outcome. (for the purposes of this procedure, 10 working days equates to two weeks or 14 calendar days).

The appeal should state the grounds for the appeal.

An appeal hearing will be arranged, conducted by a Board Member who has not been involved in the case. The employee or volunteer will have the right to be accompanied.

The outcome of the appeal will be communicated in writing, and the decision will be final
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5. Gross Misconduct‍‍
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