DISCIPLINARY PROCEDURE NOTE: This is a template policy that will need to be amended where flagged in bold and square brackets to align to your Club s practices. Please note that the policy reflects the ACAS Code of Practice on Disciplinary and Grievance Procedures which an Employment Tribunal will take into account. If an employee s claim is successful and the Club has failed to follow the ACAS Code the level of compensation awarded to the employee may be increased by up to 25%. As such please obtain advice before making any additional changes to this policy. The policy is drafted to be non-contractual and, therefore, not forming part of employees terms and conditions of employment. Should this currently not be the case in your Club, please seek advice before rolling out this policy. These notes are for general information only: they are not legal advice. You should always seek specific legal advice on your individual circumstances. Please delete all drafting notes (including this one) from the version of the policy to be provided to employees.] Page 1 of 5
1. INTRODUCTION 1.1 This procedure is intended to provide a formal framework to deal with the situation where an employee s conduct or performance falls below acceptable standards and to ensure fair and consistent treatment of all employees in such circumstances. Where possible minor faults or shortcomings in performance or attendance can normally be dealt with informally. This procedure should be dealt with if the matter is of a more serious nature. 1.2 This procedure is not a contractual term of employment and we reserve the right not to follow this procedure or depart from it where we consider it appropriate to do so. If you have any questions or comments about this procedure you should speak to [insert name or position]. 2. INVITATION TO A MEETING We will set out in writing to the employee, his or her alleged conduct, performance or other circumstances which have led us to contemplate formal action or dismissal and the employee will be invited to a meeting to discuss the matter. 3. DISCIPLINARY MEETING 3.1 The meeting will take place before any action is taken (other than suspension on full pay to enable a full investigation to take place). 3.2 The meeting will not take place until (i) we have informed the employee of the basis for the grounds given in the original notice of formal action or dismissal and (ii) the employee has had a reasonable opportunity to consider his or her response to such information. 3.3 The employee must take all reasonable steps to attend the meeting. Where we reasonably believe the employee is unlikely to attend a disciplinary meeting in the near future, we may decide the matter in the employee s absence. 3.4 After the meeting the employee will be informed in writing of our decision and his or her right of appeal against such decision if he or she is not satisfied with it. 4. APPEAL 4.1 If the employee wishes to appeal he or she must inform [insert name or position] in writing within [5] working days. 4.2 If an employee has informed us of his or her wish to appeal he or she will be invited to attend a further meeting. 4.3 The employee must take all reasonable steps to attend the meeting. 4.4 The appeal meeting may take place after the disciplinary action or dismissal takes effect. Page 2 of 5
4.5 After the appeal meeting we will inform the employee of its final decision. 5. RIGHT TO BE ACCOMPANIED At any meeting under this disciplinary procedure an employee may be accompanied by a work colleague or trade union representative to act in a supporting capacity but such companion may not answer questions on behalf of the employee. 6. GENERAL PRINCIPLES FOR THE OPERATION OF THE DISCIPLINARY PROCEDURE The general principles are as set out below: formal disciplinary action will not be taken until the matter has been investigated; where an allegation of misconduct is made against an employee they may be suspended from work while an investigation is carried out; employees will be paid their normal salary during any period of suspension. Suspension is a neutral act it is not a disciplinary penalty and does not imply guilt; if an employee submits a fit note or is otherwise sick or injured during any period of suspension, their suspension shall terminate and they will be regarded as being on sick leave; an investigatory meeting is outside the scope of this policy and may be held without notice; any investigatory meeting should be regarded as purely fact finding and is not in itself disciplinary action; employees will be advised of the allegations against them and will have an opportunity to state their case before any formal disciplinary decision is made; at every stage of the formal disciplinary procedure, employees will have a right to be accompanied at any disciplinary meeting by either a work colleague or a trade union official; employees will not be dismissed for a first breach of the disciplinary rules, except in the case of gross misconduct, when the penalty will normally be dismissal without notice; employees will have the right to appeal against any formal disciplinary penalty; although the disciplinary penalties which may be imposed under this procedure will normally be imposed in the order set out below, they may be commenced at any stage if the seriousness of the employee s alleged misconduct justifies this. 7. DISCIPLINARY SANCTIONS As part of any disciplinary procedure, where we consider it appropriate to do so, we will impose a disciplinary sanction. 7.1 Written Warning - If the misconduct or poor performance is sufficiently serious, written warning may be given. The written warning will be kept on the Page 3 of 5
employee s personnel file, but the warning will be disregarded after [6] months provided the employee s conduct, attendance or performance has been satisfactory. 7.2 Final Written Warning - If there is insufficient improvement after a written warning has been issued or if the misconduct is sufficiently serious to warrant only one written warning, a final written warning will be given. The final written warning will be kept on the employee s personnel file, but the warning will be disregarded after [12] months provided the employee s conduct, attendance or performance has been satisfactory. 7.3 Dismissal - If there is still insufficient improvement after a final written warning or if the misconduct is sufficiently serious to warrant dismissal without a prior warning being issued, the employee may be dismissed with notice. 8. EXAMPLES OF MISCONDUCT Examples of misconduct which may lead to disciplinary action being taken include, but are not limited to, the following: Failure to obey a reasonable instruction. Poor work performance, including inefficiency and/or carelessness and/or indifference to work. Breach of policies and practices. Poor timekeeping or attendance or attitude. Failure to follow sickness absence reporting procedures. Improper use of our property or failure to report damage to our property as soon as possible. 9. EXAMPLES OF GROSS MISCONDUCT 9.1 We consider some types of misconduct to be so serious that a disciplinary warning would be an insufficient penalty. Such offences are known as offences of gross misconduct. Where the offence is one of gross misconduct the normal penalty will be dismissal without a prior warning being issued and without notice or a payment in lieu of notice (summary dismissal). 9.2 Dismissal for gross misconduct will not normally occur until a disciplinary meeting has taken place. Matters which may justify summary dismissal include, but are not limited to, the following: Dishonesty, theft and fraud. Deception, e.g. making untrue statements in employment applications or in statements relating to qualifications; falsifying references, falsifying documents relating to sickness/absence; falsifying expenses, etc. Vandalism or sabotage. Breach of health and safety regulations. Fighting or seriously disruptive behaviour or offensive or abusive language. Page 4 of 5
Serious insubordination such as failing to follow a lawful instruction. Serious misuse of computer, email and internet systems, including accessing pornographic, offensive or obscene websites or distributing emails of this nature. Misuse of financial or other confidential information. Acts of bullying, harassment or discrimination. Being at work under the influence of drink, illegal drugs or other intoxicants. Misconduct which may bring us into disrepute with members, suppliers or others. Indecent or immoral acts. Going off site without permission during normal working hours. Betting, gambling or touting on our premises. Unauthorised absence. Serious breaches of our policies and procedures. Deliberate or serious damage to our property or causing loss, damage or injury through serious negligence. Serious breach of health and safety rules. Serious breach of confidentiality. Any criminal offence carried out during working hours or outside of working hours where such offence impacts or may impact upon the employee s employment. RYA Responsibility Statement: The RYA Legal Team provides generic legal advice for RYA members, affiliated clubs and Recognised Training Centres. The information contained in this Guidance represents the RYA s interpretation of the law as at the date of this edition. The RYA takes all reasonable care to ensure that the information contained in this Guidance is accurate and that any opinions, interpretations and guidance expressed have been carefully considered in the context in which they are expressed. However, before taking any action based on the contents of this Guidance, readers are advised to confirm the up to date position and to take appropriate professional advice specific to their individual circumstances. Page 5 of 5