It is necessary for the proper operation of the business and the health and safety of all colleagues that the company operates a disciplinary procedure. The following procedure will be applied fairly in all instances where disciplinary action is regarded as necessary by the company’s management teams, with the exception of any circumstances where an informal warning is deemed more appropriate (for a minor act of misconduct).
Representation.docxYou have the right to be accompanied by either a work colleague or trade union representative of your choice throughout all formal stages of the Disciplinary Procedure.
Further information on this can be found on the Representation Info sheet attached here.
The company processes personal data collected during the investigation stage and any subsequent stages of disciplinary action in accordance with its data protection policy. In particular, data collected as part of the investigation stage and any subsequent stages of disciplinary action is held securely and accessed by, and disclosed to, individuals only for the purposes of completing the disciplinary procedure.
Our aim is to deal with disciplinary matters sensitively and with due respect for the privacy of any individuals involved. You must treat any information communicated to you in connection with an investigation or disciplinary matter as confidential.
No electronic recordings of any hearings conducted under this procedure are permitted.
During the process you would normally be informed of any witnesses whose evidence is relevant to disciplinary proceedings, unless the Company believe that a witness’s identity should remain confidential.
Misconduct is any deliberate or negligent act committed by a colleague that is detrimental to the good conduct of the business, but cannot be described as 'gross misconduct'. The following list is not an exhaustive one and only gives an indication of the type of behaviours that may be considered misconduct:
Failure to carry out reasonable instructions or insubordination (not amounting to a serious act of insubordination);
Minor breaches of your contract;
Minor breaches of our policies;
Abusing the use of office equipment, materials and stationery;
Obscene language or other offensive behaviour (not amounting to gross misconduct);
Disruptive or unacceptable behaviour (not amounting to Gross Misconduct);
Misuse of information technology systems (not amounting to gross misconduct);
Time Wasting;
Excessive use of our telephones for personal calls;
Excessive personal email or internet usage;
Persistent lateness or poor timekeeping;
Negligence in the performance of your duties;
Unreasonably refusing a request to undergo an examination with an occupational health professional
Unreasonably refusing to disclose an occupational health report / GP report
Unreasonably refusing to attend an occupational health appointment
Unacceptable levels of attendance;
Breach of Hotel House Rules (not amounting to Gross Misconduct);
Failure to maintain the required grooming or uniform standards.
Gross misconduct is any deliberate act committed by a colleague which is severely detrimental to the good conduct of the business or harmful to other colleagues. Such acts by their nature are very serious and will normally warrant summary dismissal (i.e. without notice, or payment in lieu of notice or holiday pay in excess of that provided for by the Working Time Regulations 1998).
Examples of gross misconduct are shown below. This list is not an exhaustive one and only gives an indication of the type of conduct that may be considered gross misconduct. Any unspecified actions of similar gravity, will, therefore be regarded as gross misconduct:
Repeated or serious failure to obey instructions, or any other serious act of insubordination;
Physical violence or bullying; or actual or threatened violence, or behaviour which provokes violence;
Obscene language or other offensive behaviour;
Being under the influence of alcohol, drugs or other substances whilst on duty or on Company premises;
Drinking alcohol on duty;
Serious incapability at work brought on by alcohol, drugs or other substances;
Possession, consumption or distribution of alcohol, drugs or other substances on company premises;
Theft, or unauthorised removal of our property or the property of a colleague, contractor, guest, customer or member of the public;
Fraud, forgery or other dishonesty, including fabrication of expense claims and time sheets;
Sabotage;
Fraternisation between colleagues and guests;
Failure to conduct any personal relationship in a professional manner whilst on Company premises;
Conduct seriously prejudicial to the good reputation of the Company;
Wilful or negligent violation of hygiene and/or safety rules or procedures likely to endanger any person e.g, smoking in a prohibited area;
Sleeping on duty;
Wilful absence, e.g. job abandonment, a false claim of sickness absence;
Unauthorised absence;
Serious neglect of duties, or a serious or deliberate breach of your contract or operating procedures;
Serious breaches of the policy on handling of keys and cash;
Any breach of the Licensing and Excise Laws;
Deliberate provision of misleading or inaccurate information for the purpose of obtaining employment with the Company;
Wilful alteration, destruction or disclosure of data held in the Company's computer;
Unauthorised use or disclosure of confidential information or failure to ensure that confidential information in your possession is kept secure;
Serious misuse of our information technology systems including email and internet facilities;
Deliberate and serious damage to property;
Harassment of, or discrimination against colleagues, contractors, clients or members of the public, related to gender, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national original, disability, religion or belief or age contrary to our Equal Opportunities Policy or Anti-Harassment and Bullying Policy;
Victimising a colleague who has raised concerns, made a complaint or given evidence or information under any relevant company policy or procedure;
Undertaking authorised paid or unpaid other employment during your working hours;
Unauthorised entry into an area of the premises to which access is prohibited;
Serious misuse of our property or name;
Indecency;
Actions constituting a criminal offence that makes the individual unsuitable for their type of work or unacceptable to other colleagues;
Any unreasonable refusal by an individual to give consent to a search when appropriately requested (see Right to Search);
Supply, sale or possession of illegal drugs on Company premises or on Company business;
Serious breach of the Company’s rules and policies;
Serious breach of health and safety or food safety rules;
Loss of, or potential loss of, a liquor licence where the employee is a licensee for the hotel location, and/ or any negligent or wilful contravention of licencing laws;
Accepting or offering of a bribe or other secret payment or other breach of our anti-corruption and bribery policy;
Intimidating or coercing witnesses and/ or other employees during Disciplinary or Grievance process;
Placing any comments or messages on any social networking sites, internet site, or any other method of communication which are regarded by the Company as being detrimental to its reputation or to any of its colleagues, customers or agents (see Electronic Communications);
Gambling on Company or Hotel premises, or organising lotteries and collections without prior management permission;
Causing loss, damage or injury through serious negligence;
Making untrue allegations in bad faith against a colleague;
Personal conduct prejudicial to the efficiency, discipline or reputation of the Company;
Sexual misconduct at work or a work related social event;
Bringing the company into serious disrepute;
Rudeness to guests or other customers;
Serious breach of confidence or conduct which totally undermines the necessary relationship of trust between the employer and the employee;
Covert recording;
Failure of audit.
Criminal charges or convictions for conduct unrelated to the Company will not be automatic reasons for dismissal. However, they may be regarded by the Company as misconduct or gross misconduct.
An investigation will be carried out by the relevant line manager to determine the nature of any charges or conviction in court. Your line manager will consider the facts and decide whether the offence is one that makes you unsuitable for your type of work or unacceptable to other colleagues. This will take place before a decision is made to instigate the Disciplinary Procedure.
The Company reserves the right to suspend on full pay any colleague who has been charged with a criminal offence or has been convicted in court. Furthermore, the Company reserves the right to commence and conclude disciplinary proceedings against any colleague who has been charged with a criminal offence or who has been convicted in court. Where necessary, the relevant investigation and/or disciplinary hearing will take place in the absence of the colleague concerned (e.g. where they are in police custody or serving a period of imprisonment awaiting or following court proceedings).
When a potential disciplinary matter arises, an investigation will take place in order to establish evidence to provide a balanced and informed view.
This may entail carrying out one or more interviews with you, and with third parties such as witnesses, other colleagues and managers. Documentation and computer data may be examined and analysed. It may also involve a search of your person and/or property in line with the Company's Right to Search procedure. Detail of the investigation will be made available to all the parties concerned prior to the disciplinary hearing (except where the Company considers in exceptional circumstances that information should remain confidential).
The purpose of the investigation is to obtain witness statements and examine relevant documentation where appropriate. This may have been preceded by a security investigation, e.g, in cases of alleged removal of property. As close to verbatim notes will be taken of investigation meetings.
You do not have a statutory right to be accompanied by a work colleague or trade union representative at the investigation meeting. However, the Company will not unreasonably refuse this request e.g. if there is a language translation need, a young worker or disability.
Cases of minor misconduct or poor performance may be dealt with informally by the relevant line manager.
In the case of informal action, a meeting will be arranged between you and your manager to discuss the issue and agree a way forward. This will normally include:
the standard(s) of conduct/ behaviour/ performance required;
timescales to improve; and
support provided (e.g, advice, training or coaching).
Your manager will issue you with a letter of concern to document the purpose and outcome of the discussion. This will be reviewed to ensure there has been an improvement in your conduct/ behaviour/ performance. Where there has been no or insufficient improvement, or where there has been recurrence of the unacceptable conduct/ behaviour/ performance, your line manager will consider whether proceeding to the next step of the Disciplinary Procedure is necessary.
In some circumstances we may need to suspend you from work. The suspension will be for no longer than is necessary to investigate the allegations and the Company will confirm the arrangements to you in writing. Whilst suspended you must not visit the Company premises or contact any of the Company clients, customers, suppliers, contractors or colleagues, unless authorised to do so by your Line Manager.
Suspension is not a disciplinary penalty and does not imply that any decision has already been made about the allegations. You will continue to receive full basic salary and benefits during the period of suspension and must continue to be available for work.
Sickness in suspension - any absence during suspension will be paid at the relevant statutory sick pay rate, subject to meeting the eligibility criteria. Please see the absence policy and documentation for further information.
Holiday in suspension - any pre booked holiday may be taken during the suspension and will be paid as holiday pay. Suspension pay will be paid prior to and following the period of holiday. Please see the holiday policy for further information.
First Written Warning
This will usually be appropriate for a first act of misconduct where there are no other active written warnings on record. This will be active for a period of six months.
Final Written Warning
A final written warning will usually be appropriate for:
misconduct where there is already an active written warning on record; or
misconduct that we consider sufficiently serious to warrant a final written warning even though there are no other active warnings on record.
This will be active for a period of 12 months.
Dismissal
Dismissal will usually only be appropriate for:
Any misconduct during probationary period;
Further misconduct where there is an active final written warning on record; or
Any gross misconduct regardless of whether there are active warnings on record.
Gross misconduct will usually result in immediate dismissal without notice or payment in lieu of notice (summary dismissal).
If you have been disciplined at a hearing, you will have the right of appeal against any formal disciplinary sanction. You must submit your appeal in writing, which should be sent to the Manager stated on the written confirmation of the disciplinary sanction. This should be done within five days from receipt of the written confirmation of the disciplinary sanction imposed.
Appeals will be dealt with as promptly as possible. They will normally be conducted by way of a review of the decision to apply a sanction and the level of sanction imposed, but may, at the discretion of the presiding chairperson hearing the appeal, proceed as a full re-hearing of the case.
You will be invited to attend an appeal hearing where you will have the right to be accompanied by a work colleague or trade union representative.
You will be notified in writing of the outcome of the appeal as soon as possible, but no later than seven days after the completion of the appeal process unless otherwise communicated to you. The decision reached at this stage will be final.