While we do not wish to impose unreasonable rules of conduct upon our employees, certain standards of conduct and behaviour are necessary to maintain good employee relations and discipline in the interest of everyone in the company. We prefer that discipline be voluntary and self-imposed, and in the great majority of cases this is how it works. However, from time to time, it may be necessary for us to take action against employees whose behaviour is unacceptable.
This Disciplinary Procedure (save for the right to suspend you) does not form part of the terms of your Contract of Employment and therefore may be amended at any time and we may depart from it, if necessary, depending on the circumstances of a given case.
This procedure applies to all employees regardless of length of service. It does not apply to freelancers, consultants or self-employed contractors.
This procedure is used to deal with misconduct. It does not apply to cases involving genuine sickness absence or poor performance. In the case of performance issues, please see our Performance Procedure.
Minor instances of misconduct
Minor conduct issues can usually be resolved informally by your Line Manager. However, in cases where informal discussion with you does not lead to an improvement in conduct, or where the matter is more serious, the following disciplinary procedure will be followed.
Unsatisfactory conduct, misconduct and gross misconduct
It is not possible to specify all types of unsatisfactory conduct, misconduct and gross misconduct that may result in disciplinary action, as they will vary depending upon their context and seriousness. Failure to abide by any of our Employment Policies & Procedures, Finance Policies, IT Policies and/or Operations Policies & Procedures as well as the duties, obligations and conditions of your employment may constitute unsatisfactory conduct, misconduct or gross misconduct, and this may be one breach or cumulative breaches.
The following are examples of unsatisfactory conduct and misconduct that may render you liable to disciplinary action. This list is not exhaustive. There are also additional instances of misconduct referred to throughout our policies and procedures, but not specifically mentioned here. In a given case, and depending on the seriousness of the circumstances, misconduct may amount to gross misconduct:
- Rudeness, objectionable or insulting behaviour towards other members of staff or business associates;
- Failure or refusal to carry out the reasonable instructions of your Line Manager, Head of Department or a director of the company;
- Breach of our Employment Policies & Procedures, Finance Policies, IT Policies and/or Operations Policies & Procedures ;
- Smoking in company premises;
- Consumption of alcohol (save for during departmental or company events or work lunches) and non-prescribed drugs on the premises, and working while under the influence of alcohol or non-prescribed drugs;
- Persistent lateness or absenteeism without good cause;
- Unauthorized use of email and internet systems, and abuse of personal telephone calls;
- Unauthorized use of company intellectual property;
- Unauthorized disclosure of confidential or commercially sensitive information;
- Negligent or persistent damage to or unauthorized use of or loss of company assets or property;
- Reporting absence through sickness when fit to work; and/or
- Failure immediately to report any accident or damage to property or premises caused by you.
The following are examples of gross misconduct and are not exhaustive. These offences are so serious that if an allegation is made, an employee may be summarily dismissed without warning, notice or payment in lieu of notice:
- Theft, fraud, deliberate falsification of records, or any other form of dishonesty;
- Discrimination, bullying or harassing other members of staff or business associates;
- Physical violence or grossly offensive
behaviour or language towards another member of staff or a business associate of the company; - Causing injury to another member of staff or business associate of the company through gross negligence;
- Deliberate damage or causing damage through gross negligence to T&H’s property;
- Serious breach of our Employment Policies & Procedures, Finance Policies, IT Policies and/or Operations Policies & Procedures;
Behaviour that brings T&H into serious disrepute;- Serious insubordination;
- Serious incapacity at work through an excess of alcohol or non-prescribed drugs;
- Possession, supply or use of illicit drugs;
- Grossly indecent or immoral
behaviour ; - Working in competition with the Company;
- Serious breach of confidentiality or disclosure of commercially sensitive company information; and/or
- Absence without leave or just cause.
If you are charged with a criminal offence you must notify us immediately. If you are convicted of a criminal offence you must also notify us immediately. If, in our opinion, such conviction may damage our reputation or otherwise affect your ability or suitability to continue to work for us or damage our relationships with our staff, business associates, customers, the public or otherwise, we may take such action regarding your employment as we deem necessary.
Investigations
Before a disciplinary hearing is held, the matter will be properly and fully investigated. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing. It may be that at this stage we decide not to proceed to a formal hearing, but we will discuss the matter with you informally. This is at our sole discretion.
In some cases of alleged misconduct, we may need to suspend you from work while we carry out the investigation or disciplinary procedure or both. Suspension will be on full pay.
Suspension is a neutral act, it does not imply guilt or blame and will be for as short a period as possible. While suspended, you should not come into the office without our express permission or contact anyone who works for the company, whether an employee, director, freelancer, agency worker, intern or work-experience student. Nor should you contact any of our business associates whether an agent, contractor, external consultant, third-party representative, distributed or co-publisher or a museum partner unless specifically authorized to do so.
Suspension is not considered a disciplinary action.
The disciplinary hearing
Having investigated the matter, if we consider it necessary to hold a Disciplinary Hearing, we will give you written notice of the date and time specifying the allegations against you and their possible consequences. We may include copies of written evidence we have gathered including witness statements, where appropriate.
The timing of the hearing will enable you to have reasonable time to prepare your case. If the date and time of the hearing are not convenient, you should let us know immediately and we will endeavour to reschedule the hearing in the next five working days.
You must make every effort to attend the meeting, and failure to attend without good reason may also be treated as misconduct. If you fail to attend without good reason, or are persistently unable to do so (for example, for health reasons), we may take a decision based on the available evidence, including any written representations you have made.
You should also let us know, in advance, if there are any relevant witnesses you would like to attend the hearing or any witness statements, documents or other evidence you wish to be considered. You must provide copies of any written evidence you wish us to consider at least three working days before the hearing. If necessary, we may reschedule the hearing to allow us time to properly consider your written evidence.
The Disciplinary Hearing will be conducted by a director of the company and attended by our Head of HR or another member of HR if the Head of HR is a witness or otherwise involved. You may be accompanied at the hearing by a companion, who may be a co-worker or trade union representative, provided you notify us of this in advance. Your companion must respect the confidentiality of the hearing and failure to do so may itself constitute misconduct on their part if they are an employee of T&H. A companion may make representations, ask questions, and sum up your position, but is not permitted to answer questions on your behalf. You may confer privately with your companion at any time during the hearing.
At the hearing, you will be given time to respond to the allegations against you, including an opportunity to ask questions, present evidence, call relevant witnesses and raise points about any information provided by the company’s witnesses. We expect employees to conduct themselves in a civil and professional manner during the hearing. If at any time, you become verbally or physically abusive, we reserve the right to suspend the hearing and, if we consider it necessary, to make a decision in your absence.
Following the hearing, we will decide whether or not disciplinary action is justified. You will be informed in writing of our decision, usually within one week of the hearing, in accordance with principles set out below. You will also be notified of your right to appeal against our decision.
Disciplinary action
This sets out the various stages and types of disciplinary action we may consider appropriate. The stages are not necessarily sequential and we may decide, at our discretion, to move to any stage in the light of the circumstances of a given case.
Stage 1: Verbal Warning
In less serious cases, where there are no other active warnings on record, but where we still consider disciplinary action necessary, we may decide to give you a Verbal Warning. You will be advised of the reason for this warning and how you need to improve your conduct, the time-scale over which the improvement is to be achieved (usually, six months), and that this warning is the first stage of our Disciplinary Action. You will also be told of the likely consequences if the terms of the warning are not complied with. Although verbal, a note that it has been given will be recorded on your employment file and will usually remain active for six months. After that period and subject to satisfactory conduct on your part, the Verbal Warning will be considered spent and disregarded in deciding the outcome of any future disciplinary proceedings. However, it may be taken into account in giving a future reference for you.
Stage 2: First Written Warning
In more serious cases, we may decide to give you a First Written Warning. A First Written Warning may also be given if there is an active Verbal Warning and there is no improvement within the six-month review period or there is a further allegation of misconduct that is substantiated during that period.
Where there has been no improvement in the six-month review period, we will hold a further disciplinary meeting with you to discuss matters before we issue a First Written Warning. Where there has been a further allegation of misconduct in the six-month review period, we may hold a further Disciplinary Hearing.
You will be advised of the reason for a First Written Warning, how you need to improve your conduct, the time-scale over which the improvement is to be achieved (usually, six months) and that this warning is the second stage of our Disciplinary Action. You will also be told of the likely consequences if the terms of this warning are not complied with and how to appeal this decision.
The First Written Warning will be recorded on your employment file and will usually remain active for six months. After that period, subject to satisfactory conduct on your part during the six-month period, the First Written Warning will be considered spent and disregarded in deciding the outcome of any future disciplinary proceedings. However, it may be taken into account in giving a future reference for you.
Stage 3: Final Written Warning
In certain very serious cases, it may be appropriate for us to move directly to a Final Written Warning. A Final Written Warning may also be given if there is an active First Written Warning and there is no improvement within the six-month review period or there is a further allegation of misconduct that is substantiated during that period.
Where there has been no improvement in the six-month review period, we will hold a further disciplinary meeting with you to discuss matters before we issue a Final Written Warning. Where there has been a further allegation of misconduct in the six-month review period, we will also hold a further Disciplinary Hearing.
You will be advised of the reason for a Final Written Warning, how you need to improve your conduct and the time-scale in which the improvement is to be achieved. You will also be told that dismissal will probably result if the terms of this warning are not complied with and how to appeal this decision.
The Final Written Warning will be recorded on your employment file and will usually remain active for 12 months. After that period, subject to satisfactory conduct on your part, the Final Written Warning will be considered spent and disregarded in deciding the outcome of any future disciplinary proceedings. However, it may be taken into account in giving a future reference for you and we reserve the right to extend the period of a Final Written Warning should we deem it appropriate.
A Final Written Warning may also be given, at our discretion, if an allegation of gross misconduct is made after investigation, but there is some degree of mitigation or extenuating circumstances such that summary dismissal is not deemed appropriate by the company.
Stage 4: Dismissal and other sanctions
In cases of gross misconduct (non-exhaustive examples of which are listed above), it may be appropriate for us to move directly to summary dismissal. Dismissal may also result in cases where there is an active Final Written Warning and there is no improvement within the review period or there is a further allegation of misconduct within that period that is substantiated.
Where there has been no improvement in the review period, we will hold a further disciplinary meeting with you to discuss matters before we move to dismissal. Where there has been a further allegation of misconduct in the review period, we will hold a further Disciplinary Hearing.
Dismissal can only be authorized by a director of the company. You will be informed of the reasons for dismissal, the appropriate period of notice or, if dismissal is to be without notice, the date on which your employment will terminate and how you may appeal against the decision to dismiss you.
We reserve the right to impose other sanctions short of dismissal, including demotion (with a commensurate reduction in salary) or deployment to another role (where permitted by your Contract of Employment) as an alternative to dismissal.
Last updated: 07/03/19
