Updated Aug 31, 2023

Disciplinary and Grievance Procedures

Our statement

Disciplinary Procedure

1. Purpose and scope:

  • The organisation's aim is to encourage improvement in individual conduct or performance. This procedure sets out the action which will be taken when disciplinary rules are breached.

2. Principles

  • The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will betaken until the matter has been fully investigated.
  • At every stage employees will be informed inwriting of what is alleged and have the opportunity to state their case at a disciplinary meeting and be represented or accompanied, if they wish, by a trade union representative or a work colleague.
  • An employee has the right to appeal against any disciplinary penalty.

3. The Procedure

Stage 1 – first warning

If conduct or performance is unsatisfactory,the employee will be given a written warning or performance note. Such warnings will be recorded but disregarded after 12 months of satisfactory service. The employee will also be informed that a final written warning may be considered if there is no sustained satisfactory improvement or change. (Where the first offence is sufficiently serious, for example because it is having, or is likely to have, a serious harmful effect on the organisation, it may be justifiable to move directly to a final written warning.)

Stage 2 – final written warning

If the offence is serious, or there is no improvement in standards, or if a further offence of a similar kind occurs, a final written warning will be given which will include the reason for the warning and a note that if no improvement results within a specified period, action at Stage 3 will be taken.

Stage 3 – dismissal or action short of dismissal

If the conduct or performance has failed to improve, the employee may suffer demotion, disciplinary transfer, loss of seniority (as allowed in the contract) or dismissal.

Gross misconduct

Gross misconduct is a serious breach of contract and includes misconduct which, in our opinion, is likely to prejudice our business or reputation or irreparably damage the working relationship and trust between us. This may include misconduct committed outside of work.  If, after investigation, it is confirmed that an employee has committed gross misconduct (which would include an offence of the following nature - NB the list is not exhaustive), the normal consequence will be dismissal without notice or payment in lieu of notice:

  • (a)  theft or fraud;
  • (b)  physical violence or bullying;
  • (c)  deliberate and serious damage to property;
  • (d)  serious misuse of the organisation’s property or name;
  • (e)  deliberately accessing internet sites containing pornographic, offensive or obscene material;
  • (f)  serious insubordination;
  • (g)  unlawful discrimination, victimisation or harassment;
  • (h)  bringing the organisation into serious disrepute;
  • (i)  serious incapability at work brought on by alcohol or illegal drugs;
  • (j)  causing loss, damage or injury through serious negligence;
  • (k)  a serious breach of health and safety rules;
  • (l)  a serious breach of confidence.

While the alleged gross misconduct is being investigated,the employee may be suspended, during which time he or she will be paid their normal pay rate. Any decision to dismiss will be taken by the employer only after full investigation.

Appeals

An employee who wishes to appeal against any disciplinary decision must do so to the named person in the organisation within five working days. The employer will hear the appeal and decide the case as impartially as possible.

Grievance Procedure

1. Dealing with grievances informally

If you have a grievance or complaint related to your work or the people you work with you should, wherever possible, start by talking it over with your manager. You may be able to agree a solution informally between you.

2. Formal grievance

If the matter is serious and/or you wish to raise the matter formally you should set out the grievance in writing to your manager. You should stick to the facts and avoid language that is insulting or abusive.

Where your grievance is against your manager and you feel unable to approach him or her you should talk to another manager or a director.

3.Grievance hearing

Your manager will call you to a meeting, normally within five days, to discuss your grievance. You have the right to be accompanied by a colleague or trade union representative at this meeting if you make a reasonable request.

After the meeting the manager will give you a decision inwriting, normally within 24 hours.

4. Appeal

If you are unhappy with your manager’s decision and you wish to appeal, you should let your manager know.

You will be invited to an appeal meeting,normally within five days, and your appeal will be heard by a more senior manager (or a director). You have the right to be accompanied by a colleague or trade union representative at this meeting if you make a reasonable request.

After the meeting the manager (or a director) will give you a decision, normally within 24 hours. The manager’s (or adirector’s) decision is final.

Contact us

If you require Orbital to facilitate any hearings, communications or give advice on any of the above matters – please contact us at: info@orbitalservices.co.uk