Disciplinary Flashcards
Question
Answer
Informal Stage: level of management
best dealt with by line managera quiet wordif tried but not working, begin formal process
Formal Stage 1 - levels of management
Investigation – SubO / StnOConduct hearing / take action - Stn Commander
Formal Stage 2 - levels of management
Investigation – Stn CommanderConduct hearing / take action - Group Commander
Formal Stage 3 - levels of management
Investigation – Group CommanderConduct hearing / take action - DAC
wil the letter written at an inpfrmal hearing form part of a disicplinary record?
no, but will be held on Personal Record File
the warning given at formalstage 1 should be disregarded after how long?
6 months
what are the notice periods for the differnet stages of hearings?
seven days for first formal stage; ten days for the second stage; twenty-one days for the third stage.
what 5 things consitute gross misconduct?
theft / fraud, bribery, physcal violence / bullying, deliberate dnmaage to property, unlawful discrimination, bringing lfb into disreprute, a serious breach of health and safety rules, deliberately accessing pornographic, offensive or obscene material;
what is gross miconduct?
an act resulting in a serious breach of contractual terms and thus potentially liable for summary dismissal.
First Formal Stage:An employee who is found to be performing unsatisfactorily should be given a written note detailing the following:
the performance problem; the improvement that is required; the timescale for achieving this improvement; a review date; all support the employer will provide to assist the employee.
If the absence is due to genuine (including medically certified) illness, the issue becomes one of performance, and the employer should take a sympathetic and considerate approach. When thinking about how to handle these cases, it is helpful to consider:
(5 listed)
how soon the employee’s health and attendance will improve;
whether alternative work is available;
the effect of the absence on the organisation;
how similar situations have been handled in the past;
and whether the illness is a result of disability in which case the provisions of the Equality Act 2010 will apply.
Second formal stage:If issued a final written warning in the second stage, the final written warning must state?
The final written warning will give details and an explanation of the decision. It should warn the employee that failure to improve or modify behaviour may lead to dismissal or to some other sanction, and advise them of their right of appeal against the final written warning which should be disregarded for disciplinary purposes after eighteen months. Where a lesser sanction is issued, the same right of appeal applies.
Third formal stage:Alternatively where there has been a failure to improve as required or, in exceptional cases, at the first offence, following the investigation and hearing, a decision may be made by a deputy assistant commissioner/FRS G/principal operations manager level or above to award a sanction less than dismissal, or in serious cases, as an alternative to dismissal. These sanctions are:
A warning. Demotion (no more than one grade; a demotion of more than one grade can only be done with the agreement of the employee). Disciplinary transfer (which should involve no loss of remuneration and unless the employee agrees otherwise should be within the same working pattern). Loss of pay up to a maximum of thirteen days.
