It’s our people that make Infinity Works a great place to work. That’s why we work hard to be an inclusive employer, so everyone can be their best. We want people to enjoy coming to work at Infinity Works and most of all we want them to be happy in what they do. If someone’s conduct or behaviour is unacceptable or their performance is below what we would expect, it lets the rest of the team down and we need to do something. We’ll be consistent and fair in managing such problems at work and will treat each situation on its own merits. We’ll explain clearly what the problem is and what we expect. With capability issues we’ll provide support to help you improve. This procedure applies to employees but not contractors.
We’ll make sure problems with behaviour, conduct and performance are dealt with as quickly as we can If possible, we’ll try to resolve the problem informally at first If it is a capability issue, we’ll make sure you know when there is a problem with your performance. You’ll then have a chance to give your views on your performance and what should be done before any decisions are made and we’ll provide support to help you improve If it is a disciplinary issue, we’ll investigate allegations of issues and problems to establish the facts and we’ll tell you about any allegations against you. You’ll then have a chance to give your version of what happened before any decisions are made Once we’ve established the facts, we’ll decide whether we need to take informal or formal action If we arrange a formal meeting, you’ll be able to bring a companion if you want to. If you’re given a formal warning or you’re dismissed, you’ll be able to appeal.
If there’s a problem with your conduct or performance we’ll look at whether or not we can resolve it informally.
Disciplinary Issues: Your Manager will make sure you know what the problem is and if necessary, will also suggest areas for improvement.
Normally an informal discussion is enough to resolve the problem. However, sometimes it’s not enough so we may need to do something a bit more formal. If we can’t resolve the problem informally, a Manager will investigate it. The investigation helps us to find out if we need to take the matter any further. We’ll carry out the investigation as quickly as we can. Capability Issues: You’ll have a meeting with your Manager to talk about your performance. If there’s a problem, your Manager will make sure you know and work with you to set a plan to help you improve. The plan is important; it‘ll set out what you need to do, when you need to do it by and what support and training you’ll have if you need it. Working with your Manager on the plan is usually enough to put you back on the right track. However, sometimes it’s not enough and we may need to do something a bit more formal to help you improve.
Suspension isn’t disciplinary action and won’t always be necessary. In some rare cases we might need to suspend you from work on pay while we investigate a disciplinary issue. Examples of when we might need to suspend you from work are:
- It looks like there’s been an act of serious misconduct
- A crime might have been committed
- There is a risk to the health and safety of Infinity Works colleagues or anyone else
- The misconduct could potentially damage our interests
- You being at work may impact on our ability to conduct the investigation.
If you’re suspended from work, we’ll write to you to confirm the situation so that you understand why and what you need to do.
If we get to this stage, you’ll be invited to a meeting. You can bring a companion from Infinity Works to the meeting if you want to. Normally the meeting will be run by your Manager or a manager who wasn’t involved in the investigation. We call this person, the “Chairperson”. If you or your companion can’t go to the meeting you need to let the Chairperson know why as soon as possible. If there is a good reason, we may rearrange it. On-going sickness absence may not be enough of a reason for you not to attend a meeting. If you don’t attend, the Chairperson can in some circumstances insist the meeting goes ahead and may make a decision in your absence. The meeting is a two-way discussion between you and the Chairperson. If it is a disciplinary issue, you’ll have an opportunity to put forward your version of what happened. If it is a capability issue, the meeting is a chance to look again at the performance problem and share your points of view about how to solve it. After you and the Chairperson have said everything you need to, the Chairperson might pause the meeting. This gives them time to decide what the right outcome should be based on your discussions. They might also pause the meeting at any time if they need time to do more investigation. We will inform you of our decision usually within a week of the hearing. The Chairperson may decide to warn you about the problem and explain the need to improve. The types of warning are set out below. The levels of warning and types of dismissal are: Stage 1 – Formal Verbal Warning If the complaint or offence is minor, you’ll be given a formal verbal warning. We’ll explain what the offence or complaint is and what we’re likely to do to if it happens again. If necessary, we’ll also explain how you need to improve and by when. We keep a copy of the warning on your file and it’s live for 6 months. After that, if everything is ok, we’ll disregard it.
Stage 2 - First Written Warning If your conduct or performance (as relevant) doesn’t improve after you’ve had a warning or you commit another similar offence (and there are no other active written warnings on your disciplinary record) or the misconduct or capability issue is serious enough to miss out Stage 1, you will usually receive a first written warning. We’ll explain what the offence or complaint is and what we’re likely to do it if happens again or why your performance isn’t up to standard (as relevant) and what you need to achieve to sufficiently improve your performance and by when. We won’t just issue a warning, we’ll still make sure you know what you need to do to improve, give support where necessary and monitor your progress. We keep a copy of your warning on your file and it will usually remain active for 9 months. After that if everything is ok, we’ll disregard it.
Stage 3 – Final Written Warning In case of further misconduct or performance failures where there is an active first written warning on your record, you will usually receive a final written warning. This may also be used without a first written warning for serious cases of misconduct or failure in performance. We’ll explain what the offence or complaint is and that you may be dismissed if we have to take disciplinary action again in future or you fail to improve your performance. We won’t just issue a warning, we’ll still make sure you know what you need to do to improve and by when, give support where necessary and monitor your progress. The warning will usually remain active for 12 months. After that, if everything is ok we’ll disregard it.
Stage 4 – Dismissal or other action You may be dismissed a) for further misconduct where there is an active final written warning on your record, or b) for any act of gross misconduct or c) if your performance doesn’t improve after a previous warning. Examples of gross misconduct are given below. We may consider other sanctions short of dismissal, including demotion or redeployment to another role (where permitted by your contract) and/or extension of a final written warning with a further review period. We don’t take these decisions lightly and we hope that it never gets this far.
If you’re dismissed we’ll confirm the decision to you in writing. You’ll be given contractual notice or a payment to make up for your contractual notice.
For less serious cases our formal procedure normally starts with a first written warning. We then move through each stage, eventually arriving at dismissal if there isn’t enough improvement. However, we may start the process at an earlier stage or skip stages if the problem is serious enough.
Gross misconduct will usually result in dismissal without warning, with no notice or payment in lieu of notice. The following are examples of matters which are normally regarded as gross misconduct:
- Theft or fraud
- Physical violence or bullying
- Deliberate and serious damage to property
- Serious misuse of the organisation’s property or name
- Deliberately accessing internet sites containing pornographic, offensive or obscene material
- Serious insubordination
- Unlawful discrimination or harassment
- Bringing the organisation into serious disrepute
- Serious incapability at work brought on by alcohol or illegal drugs
- Causing loss, damage or injury through serious negligence
- A serious breach of Health and Safety rules
- A serious breach of confidence. This list is intended as a guide and is not exhaustive.
You may appeal within one week of being told of the decision of the hearing. We need to understand why you want to appeal and what you think went wrong. Be clear and give as much information as you can when you write to your Manager with your appeal.
The appeal hearing will, where possible, be held by someone other than the person who held the original hearing. You may bring a colleague with you to the hearing.
We will inform you in writing of our final decision as soon as possible, usually within one week of the appeal hearing. There is no further right of appeal.