Disciplinary Action
Grievances
Wilson Vale sets out to ensure a positive and effective working environment where people are treated fairly and with respect in line with Wilson Vale’s values and behaviours. It is recognised however, that there may be occasions where employees may have concerns about their work, working environment, relationships with their colleagues and / or behaviours towards them.
It is expected that the majority of concerns will be resolved informally. Wilson Vale encourages employees to resolve issues informally in the first instance through discussions with their manager. If an employee feels unable to approach their Line Manager directly, they should consider approaching a senior manager or seek support from HR, who will discuss ways of dealing with the matter and outline the available support mechanisms.
Where attempts to resolve the matter informally have been unsuccessful or if the matter constitutes an act of Gross Misconduct, it may be appropriate for a formal grievance to be raised under our policy. Wilson Vale is committed to ensuring that employees have an opportunity to raise concerns relating to their employment and that matters are dealt with fairly and transparently and in a timely manner.
Compliance
Acceptance of our standards is a part of your statement of terms and conditions, and your manager will discuss these with you during your induction. It is also important that you understand our disciplinary standards.
Capability
Should an employee appear incapable of performing their duties satisfactorily, guidance and training will be provided to assist them to meet the set standard. Where Capability has been identified then we have a separate capability procedure we will follow. However, after following the procedure if no significant improvement is made then it may be necessary to redeploy or terminate your employment.
Capability refers to an employee’s ability to perform the work expected of them to the standard required. This may be assessed by reference to an employee’s skill, aptitude, health or any other physical or mental quality in relation to the job that they are employed to do.
The purpose of the Capability Policy is to provide a framework for managing underperformance in a fair and consistent manner. This policy differs from the Disciplinary, Absence Management and other policies as its primary focus is that of improving performance to the standard required.
To determine whether an issue is one of capability or misconduct, the Manager must ask themselves whether an employee cannot or will not perform a task. Where an employee cannot, this can be managed as capability and where they will not, this could be due to conduct and managed under Wilson Vale's Disciplinary Policy.
Our Capability Policy establishes guidelines for Managers and employees when their work performance falls below the standard appropriate for the role due to underperformance.
Conduct and Behaviour
It is important that your conduct and behaviour is exemplary whilst on our sites.
This includes Company or site organised events. Any misconduct or inappropriate behaviour including damage to property will be managed through the disciplinary procedure.
Disciplinary Procedure
We want you to feel motivated, loyal and involved as a part of the team not to be managed through fear of disciplinary action. We hope that our high standards of work, conduct and appearance of our staff will give you job satisfaction, as well as satisfying our clients.
The purpose of our Disciplinary policy is to set and maintain standards of conduct within Wilson Vale and in doing so ensuring that all employees are treated fairly and consistently in relation to disciplinary action taken in response to allegations of unacceptable conduct.
The policy is designed to help and encourage all employees to achieve and maintain satisfactory standards of conduct as expected by Wilson Vale.
It is important that you are aware of the actions which may result in disciplinary measures, and the seriousness with which the Company views such events.
Investigations
The purpose of an investigation is for Wilson Vale to establish a fair and balanced view of the facts before deciding whether to proceed with a disciplinary hearing. This may involve reviewing any relevant documents, interviewing you and any witnesses, and taking witness statements. Investigative interviews are solely for the purpose of fact-finding and no decision on disciplinary action will be taken until after a disciplinary hearing has been held. You do not normally have the right to bring anyone to an investigative interview. However, we may allow you to bring a companion if it helps you to overcome a difficulty caused by a disability, or any difficulty in understanding English. You must cooperate fully and promptly in any investigation. This will include informing us of the names of any relevant witnesses, disclosing any relevant documents to us and attending any investigative interviews.
The amount of investigation required will depend on the nature of the allegations and will vary from case to case.
Suspension
In cases of alleged gross misconduct, we may need to suspend an employee from work while an investigation or disciplinary procedure is on-going. The suspension will be for no longer than necessary and we will confirm the arrangements in writing. While suspended, employees should not visit our premises or contact any clients, customers, suppliers, contractors or fellow employees, unless you have been authorised to do so by a Director.
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Suspension of this kind is not a disciplinary sanction and does not imply that any decision has already been made about the case. Employees will continue to receive full basic salary and benefits during the period of suspension.
Disciplinary Stages
The aim of our procedure is to encourage improved future conduct and work performance. We are here to help and will provide the guidance and training that is considered necessary. Clear time limits will be set for improvements to be made and for the standards then to be maintained, so that further disciplinary steps are unnecessary.
Letter of Concern
In certain circumstances, we may consider it appropriate to issue a letter of concern. This is a notice to improve and will follow a discussion with your line manager. If the conduct set out does not improve within the timescale set out in the letter then the disciplinary process will be invoked at the appropriate level depending on the severity of the conduct.
Disciplinary Hearing Stages
a) Investigation
Following an incident there is normally a level of investigation regarding the detail of the allegation. This may be carried out by a member of the management or HR team.
Following on from this a decision would be made as to whether an invite to a disciplinary hearing is appropriate.
b) Suspension
Employees may be suspended in certain circumstances and in relation to specific allegations. This would be explained and the terms surrounding this would be confirmed in a letter.
c) Notice to attend a disciplinary hearing
Employees would be given written notice to attend a disciplinary hearing. This may be sent via email or by post. The letter will state the allegation/s, plus the time and place of the meeting and the right to have the right of representation (independent witness).
d) Right of representation
Employees have the right to have a Wilson Vale work colleague or trade union representative to accompany them. The colleague/representative may put your case, sum up your case, respond to any view expressed and confer with you during the hearing. The colleague/representative is not, however, able to answer questions on your behalf. Please note recording devices are not permissible at this meeting.
e) Opportunity of explanation
During the meeting an employee will be given an opportunity to present an explanation for the events that have taken place. This will be fully taken into account when considering further action.
f) Meeting adjournment
The meeting may be adjourned either to obtain further evidence or for a decision to be made regarding any disciplinary sanction.
g) Outcome
At this point the meeting may be resumed or the outcome confirmed in writing.
h) Disciplinary outcome
If a disciplinary warning was the outcome then this would be subsequently confirmed in writing together with the right of the employee to appeal against the warning.
Right of Appeal
At any stage of disciplinary action, including dismissal, you have the right of appeal against the decision taken.
This must be in writing, stating the reason for appeal and sent or emailed to the HR department within five working days or seven calendar days of the date of the letter sent confirming the decision.
Support
The Employee Assistance Programme (EAP) is there to provide a free and totally confidential expert service to help when you are encountering problems, difficulties or challenges relating to your personal or working life.