Misconduct 3 step process for team members

Misconduct - 3 Step Process for Team Members



Applies to all: Torpedo 7 team 

Overview

We have a set of guidelines known as "House Rules", these cover "Serious Misconduct" and "Misconduct". The House Rules set out  examples of standards of behaviour or conduct that are not acceptable. The House Rules cannot cover every situation so they are examples only. 

Misconduct will normally result in a warning to allow the team member an opportunity to correct unacceptable behaviour.  A single instance of serious misconduct may result in dismissal without notice, after fair process, regardless of whether or not any previous warnings have been issued.

We have developed a fair and lawful disciplinary procedure which is used to investigate all allegations of misconduct or poor performance where disciplinary action may result. This is a 3 step process and may be changed from time to time as precedents from employment case law impact on it. So if you have not been involved in a disciplinary matter for a while it pays to check the process beforehand.

3 Step Disciplinary Process


1. Step 1 - Advice of Disciplinary Meeting
  • You will be issued with a Step 1 which is a form that will outline what the meeting is about and also the allegations that have allegedly been breached
  • It will also include the details of the meeting e.g. date & time, that you can bring a support person, and the most serious outcome of the meeting
  • When you are issued with the Step 1 you will also be given any supporting documentation to review before the meeting. This could include CCTV footage, witness statements, 1:1 meeting notes, House Rules
  • You will be given at least 24 hours' written notice of a disciplinary meeting to allow for preparation and to seek independent advice if needed
  • You may be suspended temporarily on full pay (unless the period becomes protracted as a result of undue delay caused by you) during the investigation of allegations of serious misconduct involving you, eg: suspected dishonesty or where safety or security is threatened. You will be consulted about the suspension before a decision is made (usually when the Step 1 is issued)

2. Step 2 - Disciplinary Meeting 
  • As part of the investigation you will be given full opportunity to explain at the disciplinary meeting 
  • This is your chance to explain your side of the story after considering the information that you were given to review
  • You have the right to take independent advice and you can have a respresentative present at the disciplinary meeting 
  • Your manager will open the meeting and explain the process:
    • Allegations and misconduct/serious misconduct will be outlined
    • You will be given the opportunity to respond
    • You will be asked clarifying questions
    • Once you have discussed the allegations fully, the meeting will be adjourned to consider your comments and seek further clarification if necessary
    • The meeting will then be reconvened and the manager will explain their decision
  • You can ask for an adjournment at any time during the meeting if you need to
  • Notes will be taken throughout the meeting and a Step 2 - Record of Disciplinary Form will be completed which you can sign to confirm that the notes are a true and accurate record of the disciplinary meeting

3. Step 3 -  Manager's Decision
  • After the meeting has been adjourned to allow time for the comments to be considered the manager will deliver and explain their decision
  • The outcome of the meeting may be a warning or other disciplinary action such as dismissal and will be confirmed in writing 
  • Each written warning is valid for a 6-month period. This may be extended to 12 months dependant on the seriousness of the matter 
  • There are times where because the misconduct warrants it and the circumstances are fair and reasonable, a final written warning may be issued in the first instance 
  • In matters of serious misconduct the manager may deliver a preliminary decision. This means that you will have an opportunity to comment on what you consider to be the right penalty
  • If you comment on the preliminary decision, the meeting will be adjourned again to allow time for your comments to be considered before a final decision is made
  • When the manager is ready to make a final decision and has advised you of this, the matter is final 
  • You will receive written confirmation of the outcome following the meeting i.e. first warning, final warning, dismissal letter 
  • All relevant documents will be placed on your file and will be valid for the applicable period of time
  • Further misconduct may result in a second written warning or possibly dismissal

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