1. About this policy

1.1 Disciplinary rules and procedures are necessary for promoting fairness in the treatment of individuals. They also assist an organisation to operate effectively. The Disciplinary Procedure adopted by Simplyfruit (Ire) Limited is designed to deal fairly, reasonably and consistently with cases of unsatisfactory performance or conduct, breach of Company rules, or other indiscipline.

This procedure applies to all employees of Simplyfruit (Ire) Limited save for those within their probationary period when disciplinary matters will be addressed within a probationary review process. This Procedure does not have contractual effect and may be amended from time to from by the Company.

1. OBJECTIVE

2.1 The following procedure has been drawn up to make all employees aware of the Company’s policy in relation to disciplinary matters. The objective is to provide a framework within which managers can work with employees to maintain satisfactory standards of conduct or performance and to encourage improvement where necessary. It also identifies the type of offence which would result in disciplinary action being taken, what that action would be and what further action would result if there is no improvement or if the conduct recurs.

1. GENERAL PRINCIPLES

3.1 Investigation

When a potential disciplinary matter arises, the company will undertake necessary investigations to establish the facts promptly. The amount of investigation required will depend on the nature of the allegations and will vary from case to case. It may involve interviewing and taking statements from employees and witnesses and/or reviewing relevant documentation. Having established the facts, the company will decide whether to drop the matter, deal with it informally or arrange for it to be handled formally under the disciplinary procedure. No disciplinary action shall be taken until there has been a full investigation into any alleged incident and until after a disciplinary hearing has been held.

3.2 Precautionary Suspension

The Company reserves the right to suspend you from normal duties, with pay, where warranted by circumstances. For example in cases where it is necessary or appropriate for the purposes of carrying out full and proper investigation, in cases involving gross misconduct, where relationships have broken down or where there are potential risks to the company’s property or responsibilities to other parties. The imposition of and arrangements in relation to a precautionary suspension will be confirmed in writing to you at the earliest opportunity. The Company will also consider alternative actions which would be more acceptable to you yet serve the same purpose as a suspension e.g. agreeing to a temporary transfer to other duties or another work station without loss of pay where possible or the agreed taking of annual holidays to which you are entitled. Any action taken will be reviewed to ensure it is not unnecessarily protracted. It will be made clear that any action taken is not considered a disciplinary action. During a period of precautionary suspension, you are not permitted to visit company premises or contact any members of staff, clients, customers, suppliers or contractors unless they have been authorised to do so by the Operations Director.

3.3 Right to be accompanied

At each stage of this procedure you shall have the right to a fair hearing with the opportunity to state their case and to be accompanied by a fellow employee or Trade Union Representative if desired. You should let the company know who the chosen companion is in advance of the hearing. If your companion is unavailable at the time a meeting is scheduled and will not be available for more than five working days afterwards, the company may ask you to choose someone else. The Company may, at its absolute discretion, allow you to bring a companion who is not a colleague or union representative (eg a member of your family but not a lawyer) if this would help overcome a disadvantage arising from a disability.

3.4 Arrangements for hearings

You must take all reasonable steps to attend disciplinary and appeal hearings. Failure to attend without good reason or where reasonable opportunities have been provided, may result in decisions being taken on the basis of the evidence available.

The Company will endeavour to ensure that:

• all steps under the procedure are taken without unreasonable delay
• the timing and location of all hearings are reasonable
• hearings are conducted in a manner which enables employees to explain their cases
• where possible, a more senior manager not previously involved with the case should hear the appeal. Where a person at the most senior management level has already been involved with the case and there is a manager of the same status who has not, the appeal will be heard by the latter. In the event that neither of these is possible and the same manager who took the disciplinary action, unavoidably, has to hear the appeal, that manager will act as impartially as possible.

3.5 Warnings

Warnings shall lapse after a period of satisfactory conduct. After the active period, the warning will remain permanently on your personnel file but will not be taken into account in deciding the outcome of future disciplinary proceedings.

3.6 Confidentiality

Our aim is to deal with disciplinary matters sensitively and with due respect for the privacy of any individuals involved. All employees must treat as confidential any information communicated to them in connection with an investigation or disciplinary matter. You will normally be told the names of any witnesses whose evidence is relevant to disciplinary proceedings unless the company believes that a witness’s identity should remain confidential. You and anyone accompanying you, must not make electronic recordings of any meetings or hearings conducted under this procedure.

3.7 Criminal Allegations

Where your conduct is the subject of a criminal investigation, charge or conviction the Company will investigate the facts before deciding whether to take formal disciplinary action.

The Company will not usually wait for the outcome of any prosecution before deciding what action, if any, to take. Where you are unable or has been advised not to attend a disciplinary hearing or say anything about a pending criminal matter, the Company may have to take a decision based on the available evidence.

A criminal investigation, charge or conviction relating to conduct outside work may be treated as a disciplinary matter if the Company considers that it is relevant to your employment.

4. PROCEDURE

1. The Company will set out in writing a statement of the grounds of any alleged conduct or circumstances which have led to the decision to contemplate taking disciplinary action, provide such evidence as may exist and will invite you to attend a disciplinary hearing to discuss the matter and state your case.
2. At the disciplinary hearing the Disciplinary Manager will go through the allegations against you and the evidence that has been gathered. You will be afforded the opportunity to respond and present any relevant evidence of your own. Your companion may make representations to the company and ask questions, but should not answer questions on your behalf. You may confer privately with your companion at any time during the hearing.
3. The Disciplinary Manager may adjourn the disciplinary hearing if they need to carry out any further investigations such as re-interviewing witnesses in the light of any new points you may have raised at the hearing. You will be given a reasonable opportunity to consider any new information obtained prior to any decision being reached.
4. Following the disciplinary hearing, the Company will notify you in writing of its decision as soon as is reasonably practicable thereafter including the right of appeal, where a disciplinary sanction has been issued.
5. At any stage of the disciplinary procedure where your capability or competence is called into question, the Employer reserves the right to require you to undertake other duties or employment more suited to your capability or competence. Such requirement will be deemed to be an integral part of the disciplinary procedure and any such redeployment would be subject to the terms and conditions of employment appropriate to those alternative duties which may or may not be less favourable than those applying to your existing duties.

5. APPEAL

1. The Appeal provides you with the means of appeal against disciplinary action and/or dismissal. If appealing against dismissal, the date of which dismissal takes effect will not be delayed pending the outcome of the appeal. However if an appeal of a dismissal sanction is successful, you will be reinstated with no loss of continuous service or pay.
2. You must within 5 working days of receipt of the disciplinary decision, express in writing the grounds upon which the appeal is based.
3. The appeal hearing will then be arranged within 10 working days and can be heard by a company director or other member of senior management. A decision in writing will be given as soon as reasonably practicable thereafter. That decision may confirm the original decision, revoke the original decision or substitute a different penalty.
4. The Appeal Manager may adjourn the appeal hearing if they need to carry out any further investigations such as re-interviewing witnesses in the light of any new points the employee may have raised at the hearing. You will be given a reasonable opportunity to consider any new information obtained prior to any decision being reached.
5. At all stages of the Appeal Procedure you have the right to be accompanied by a member of staff or Trade Union Representative of their own choice.

Clarification on any point of the above procedures may be obtained from the Operations Manager.

6. LEVELS OF SANCTION

The procedure for dealing with general misconduct comprises a number of levels and the type of disciplinary action taken will depend on the severity and frequency of the misconduct as well as the general circumstances surrounding it.

You will not normally be dismissed for a first act of misconduct, unless the company decides that it amounts to gross misconduct (or where you have not yet completed your probationary period and your conduct or performance is being reviewed within a probationary review process).

The Company reserves the right to issue you with a more serious disciplinary action irrespective of whether previous warning/s received are not of a similar or related character to the subsequent warning. For example, the Company may in issuing you with a written warning relating to poor performance take into consideration a current verbal warning you have received for poor time keeping. If you already have a final warning on record, the Company is usually entitled to dismiss for any further type of misconduct.

The Company reserves the right at its absolute discretion to invoke any stage of the procedure, depending on the seriousness of the misconduct complained of.

Stage 1: Verbal Warning – in the case of unacceptable levels of absence, minor misconduct, unacceptable performance or breach you will receive a verbal warning which will be recorded and retained on file for a period of 6 months. The warning will include the following information:

1. The nature of the misconduct, breach or unacceptable levels of absence or performance.
2. That a repetition of the misconduct or breach, the occurrence of other misconduct or breach, or failure to improve performance, will result in further disciplinary action being taken.
3. That a note of the verbal warning will be placed on your personnel file.

Stage 2: Written Warning – in the case of a repetition of poor levels of absence, misconduct or breach or in the case of more serious misconduct or breach within the following six month period following issue of a verbal warning, a formal written warning will be issued by the Employer. This warning will also be recorded on file. The written warning will state:

1. The nature of the misconduct, breach or unacceptable levels of absence or performance.
2. Any remedial action the Employer requires of you.
3. The period during which the warning will remain in force. This will depend on the nature of the misconduct or breach but will ordinarily be for a period of six months.

Stage 3: Final Written Warning – continued unacceptable levels of absence, misconduct, breach or unacceptable performance, or very serious misconduct or breach will result in a final written warning being issued by the Employer. This warning will state:

1. The nature of the misconduct, breach or unacceptable levels of absence or performance.
2. Any remedial action the Employer requires of you.
3. The period during which such warning will remain in force. This will depend on the nature of the misconduct or breach but will ordinarily be for a period of twelve months.
4. That in the event of further misconduct, breach or failure to improve performance you will be dismissed.

Stage 4: Dismissal –further repeated absence, misconduct or breach following a final written warning or gross misconduct or breach will result in dismissal. All dismissals will be confirmed in writing giving reasons for the dismissal. In cases of dismissal on grounds of gross misconduct, you will be summarily dismissed ie without notice or pay in lieu of notice.

Alternatives short of dismissal may be considered at the discretion of the Disciplinary Manager in addition to and/or including disciplinary warnings such as:

• • • • Suspension from Work without pay up to a maximum of 7 days
      • Demotion or redeployment to undertake other duties or employment as part of a disciplinary penalty in addition to or instead of disciplinary warnings. Any such employment will be subject to the terms and condition of employment appropriate to those alternative duties which may or may not be less favourable than those applying to the employee’s existing duties.
      • Transfer to other premises, department or location
      • Loss of seniority, increment or line management responsibilities
      • Loss of future pay increment or bonus

7. DISCIPLINARY RULES

The following list shows examples of the types of rules/offences which the Employer has categorised for each level of misconduct. It is stressed that these are examples only, it is not an exhaustive list and the Employer has the right to decide how any other misconduct shall be categorised.

Minor Misconduct

• Lateness
• Extended tea or lunch break
• Failure to comply with clocking procedures
• Failure to comply with Absence Notification and Certification Procedure
• Absenteeism
• Failure to work agreed overtime or refusal to work overtime
• Careless work or poor effort at work
• Ignoring safety rules
• Failure to maintain a tidy and safe working environment
• Misuse of the telephone
• Misuse of personal mobile phone, work phone, email or internet during work hours
• Breach of IT policy
• Minor breach of company hygiene and or H&S standards, rules or procedures including failure to wear PPE provided.

Major Misconduct

• Excessive absenteeism
• Failure to comply with Absence Notification and Certificate Procedure
• Failure to comply with Holiday Request Procedure
• Performance of duties below an acceptable standard
• Neglect causing damage/injury to or loss of customers, other employees or their property
• Insubordination
• Using inappropriate, foul or offensive language and/or abusive or threatening behaviour
• Constant misuse of the telephone
• Extended tea or lunch break
• Failure to adhere to Rules and Procedures
• Smoking outside of the designed smoking area
• Wilful or excessive use of Employer's material or resources
• Unsatisfactory attitude
• Failure to report any loss or damage to company property
• Serious breach of IT policy
• Serious neglect of security rules
• Gaining entry into unauthorised areas
• Failure to wear PPE provided and in the appropriate manner as instructed.
• Breach of company Hygiene and or H&S standards, rules or procedures, including consuming food and/or drinks in any other area other than the canteen.
• Consumption of raw materials
• Only authorised employees are permitted to use mobile phones on the floor.

Gross Misconduct

Gross misconduct is a serious breach of contract and include misconduct which, in the company’s opinion, is likely to prejudice our business or reputation or irreparably damage the working relationship and trust between us. Gross misconduct will normally lead to dismissal without notice or payment in lieu of notice (summary dismissal). The following matters will be deemed by the Employer to constitute gross misconduct. Such matters are by way of example only:

• Acts of theft, fraud and other dishonesty whether committed in the course of the Employee's duties or not
• Accepting or offering a bribe or other secret payment
• Unauthorised removal or possession of property belonging to the Employer, its clients, employees or any person with whom the Employer has dealings.
• Breach of professional confidence or disclosure of confidential information
• Breach of Data Protection Policy including unauthorised use, processing or disclosure of personal data or confidential information and/or failure to ensure that confidential information or personal data in your possession is kept secure
• Covert audio or visual recording of employees, clients or persons with whom the Employee has dealings without their knowledge or consent.
• Violent, wilful or reckless behaviour which does, or could, result in damage to the person or property of the Employer, its employees, clients or other persons with whom it has dealings
• Possession of, or being under the influence of, alcohol or drugs on Company premises save for any drugs prescribed by a qualified medical practitioner
• Acts of indecency, sexual harassment or other similar misconduct with or towards another Employee, client or person with whom the Employer has dealings
• Persistent or unexplained absence from work
• Serious neglect of the Employee's duties resulting in actual or likely loss, damage or injury
• Use of threatening, abusive or insulting language to other Employees, clients or persons with whom the Employer has dealings
• Breach of the Employers Equal Opportunities policy including any action of unlawful discrimination against fellow employees, clients or persons with whom the Employer has dealings related to gender, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, disability, age, religious belief or political opinion
• Breach of any statute, regulation, code of practice or other relevant provision governing the range of services provided by the Employer.
• Breach of the Health and Safety At Work (NI) Order 1978 or serious infringement of Health and Safety rules
• Submission of false or misleading references or other information in order to gain employment
• Making a disclosure of false or misleading information under our Whistleblowing Policy maliciously, for personal gain, or otherwise in bad faith
• Making untrue allegations in bad faith against a colleague
• Failure to disclose any criminal convictions
• Actions likely to result in damage to the Employer's image or reputation in the community or to the Employee's image or reputation
• Refusal to carry out a reasonable work instruction
• Undertaking work in competition or undertaking unauthorised paid or unpaid employment during your working hours
• Falsification of records or fabrication of expense claims and time sheets
• Leaving the Employer's premises without consent
• Failure to report any loss or damage to company property
• Serious act of insubordination
• Harassment, intimidation, bullying or victimisation of fellow employees, clients or any person with whom the Employer has dealings
• Conviction for a criminal offense that in the opinion of the company may affect the company’s reputation or our relationships with our staff, customers or the public, or otherwise affects your suitability to continue to work for us
• Serious misuse of organisation’s property including our internet, e mail or IT systems
• Deliberately accessing internet sites containing pornographic, offensive or obscene material
• Bringing the organisation into serious disrepute

NOTE:

Any allegation of bullying in the workplace or any allegation of discrimination, victimisation or harassment linked to anti-discrimination legislation including gender, gender reassignment, sexual orientation, marriage, civil partnership, disability, race, age, religious beliefs or political opinions will be thoroughly investigated and where appropriate will be dealt with under the disciplinary procedure. The disciplinary response will depend upon the nature and seriousness of the incident; and in serious cases may result in summary dismissal.

Inappropriate use of social media, during working hours or outside of working hours could result in disciplinary action. The severity of the penalty imposed could range from a verbal warning for minor breaches to dismissal where the breach amounts to gross misconduct.

Acts which constitute gross misconduct are those resulting in a serious breach of contractual terms. Such acts, whilst they occur only once, strike, at the very root or heart of the contract of employment such as to destroy the essential bond of trust and confidence between the parties to the contract.