Disciplinary Framework

         2.5a Introduction

         2.5b Key Principles

         2.5c Informal Discussion

         2.5d Formal Disciplinary Procedure

         2.5d.1     Stage 1 - Recorded Verbal Warning

         2.5d.2    Stage 2 - Written Warning

         2.5d.3    Stage 3 – Final Written Warning 

         2.5d.4    Stage 4 – Dismissal

         2.5e Gross Misconduct

         2.5f Suspension

         2.5g Appeals Procedure

         2.5h Probationary Period

         2.5i Removal of Disciplinary Warnings

         2.5j Levels of Responsibility

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2.5a      Introduction

Argus Fluidhandling Ltd is committed to providing a quality service in all aspects of its work. This can be achieved only if each of us is committed to excellence, and is responsible in our:

• approach to work

• standards of conduct

• attitude to customers

• relationships with each other

This disciplinary framework exists in order to ensure fair and consistent treatment for you if your work performance or conduct falls below the standard we require.

2.5b     Key Principles

If you are subject to disciplinary action:

• the procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action (excluding suspension with pay) will be taken until the matter has been fully investigated;

• at every stage of the procedure you will be advised of the nature of the complaint, be given the opportunity to state your case, and, if you request, be represented or accompanied by a fellow employee or suitably certificated trade union official.

• you will not be dismissed for a first breach of discipline except in the case of gross misconduct, or a serious breach of your contract of employment, when the penalty will normally be dismissal without notice and without pay in lieu of notice;

• you have a right to appeal against any disciplinary action taken against you;

• the procedure may be implemented at any stage if your alleged misconduct warrants such action.

2.5c      Informal discussions

Minor faults will be dealt with informally, but where the matter is more serious or there is an accumulation of minor incidents, the procedure set out below will be followed.

Notes will be made of any discussions, and the desired outcomes and these will be retained by your manager until the matter has been resolved.

Informal action does not form part of the formal disciplinary procedure and you do not have the right to be accompanied at such meetings.

2.5d     Formal Disciplinary Procedure

It is expected that the procedure would normally be applied progressively, but it may commence at higher levels if appropriate.

2.5d.1               Stage 1 – Recorded Verbal Warning

If your conduct or performance does not meet acceptable standards, you will normally be given a formal Verbal Warning. You will be advised of:

• the reason for the warning,

• that it is the first stage of the disciplinary procedure,

• your right of appeal

A copy of this warning will be retained on your Personnel File, but will normally be disregarded for disciplinary purposes after 6 months, subject to satisfactory conduct and performance.

2.5d.2               Stage 2 – Written Warning

If the offence is serious, or there is no improvement in conduct or performance, or if a further offence of a similar kind occurs, you will be given a Written Warning. This will include:

• the details of the complaint and reason for the warning

• the improvement(s) required

• the timescale in which the improvement(s) are to be achieved

• your right of appeal

It will warn that action under Stage 3 will be considered if there is no satisfactory improvement, or a further offence of a similar kind occurs.

A copy of this warning will be retained on your Personnel File, but will normally be disregarded for disciplinary purposes after 12 months, subject to satisfactory conduct and performance.

2.5d.3               Stage 3 – Final Written Warning or Disciplinary Suspension

A Final Written Warning will normally be given:

• if there is a failure to improve and your conduct or performance remains unsatisfactory, or

• if the misconduct is sufficiently serious to warrant only one written warning, but insufficiently serious to justify dismissal (in effect, both first and final warnings together)

It will give details of:

• the details of the complaint and reason for the warning

• the improvement(s) required

• the timescale in which the improvement(s) are to be achieved

• your right of appeal

It will also warn that dismissal will result if there is no satisfactory improvement, or a further offence of a similar kind occurs.

A copy of this warning will be retained on your Personnel File, but will normally be disregarded for disciplinary purposes after 12 months, subject to satisfactory conduct and performance.

Alternatively, consideration will be given to imposing a penalty of a disciplinary suspension without pay to a maximum of ten working days.

In cases where your capability is in question your Manager, in association with the HR Department, will investigate whether it is practical and advisable to transfer you to an alternative position of employment. If it is considered necessary to redeploy you, and you agree to such a transfer, you will be given a letter identifying the changes to your terms and conditions of employment at the earliest opportunity

2.5d.4               Stage 4 – Dismissal

If your conduct or performance remains unsatisfactory and you fail to meet the required standards, or further offences occur, DISMISSAL will normally result. Only a member of the senior management team can take the decision to dismiss.

The Company will follow the statutory procedures for effecting dismissal, including being notified of your right of appeal.

2.5e      Gross Misconduct

If, after investigation, it is confirmed that you have committed an offence of the following nature (the list is for example and is not exhaustive), the normal consequence will be dismissal without notice or payment in lieu of notice:

• persistent refusal to carry out a reasonable and lawful instruction of management

• serious acts of insubordination

• theft, fraud or misappropriation of Company, Client, Supplier or Employees’ property or money

• dishonesty, fraud or deliberate falsification of any documents or records in any media format

• deliberate or negligent damage or misuse of company property, including wilful damage to the Company’s commercial interests and standing

• serious negligence which caused unacceptable loss, damage, injury or detriment to the quality standards established by the Company and expected by customers

• wilful defacement of premises, equipment or facilities

• incapacity for work due to being under the influence of alcohol or illegal or non-prescribed drugs

• failure to observe health and safety regulations, including smoking in non-designated areas

• physical violence, including (but not limited to) fighting, aggressive or abusive behaviour, indecent or insulting behaviour, or the possession of offensive weapons;

• bullying, victimisation, harassment or any behaviour likely to cause injury to another’s dignity or that creates a hostile, intimidating, degrading, humiliating and offensive environment for others.

• unauthorised or inappropriate use of email/intranet/internet or other IT equipment or software;

• recording any meeting without prior consent from all those attending the meeting.

February 2009

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2.5f      Suspension

While any alleged gross misconduct is being investigated, you will normally be suspended on normal pay rate. The Company may extend suspension to other stages of the disciplinary procedure if circumstances dictate.

You will be informed of the reasons and terms of your suspension, and this will be confirmed to you in writing.

Suspension is ‘without prejudice’ and is not a form of disciplinary action. We will endeavour to keep any period of suspension as short as possible depending on the circumstances.

2.5g      Appeals

If you wish to appeal against any disciplinary decision, you must lodge an appeal, by writing to the HR Department, within two working days of the decision being communicated to you.

Appeals will normally be heard by the Manager immediately senior to the person who issued the warning. Where this is not possible, a Manager not previously involved will hear the appeal. Appeals against Dismissal will be heard by a member of the senior management team not previously involved. A representative from the HR Department will be present.

Your right to be accompanied extends to the appeal process.

The decision of the appeal hearing will be final. At the appeal, any disciplinary sanction imposed will be reviewed but will not normally be increased.

2.5h      Probationary Period

Factory-based employees are subject to a probationary period of at least three months after employment begins. This period is to assess ability to achieve the required standards of performance, output and conduct.

Probationary periods for office and field based staff is as stated in the Contract of Employment.

This established period of probation is unaffected by the terms of the disciplinary procedure and the Company may terminate your employment at any time during the agreed probationary period. Wherever possible prior to dismissal, you will be warned if you are failing to achieve the required standards. There will be no appeal against dismissal during probation.

2.5i       Removal of Disciplinary Warnings

Disciplinary warnings will normally be removed from your Personnel Records after the timescales detailed in the procedure have expired.

However, if you receive additional warnings before the first one has expired, then the first warning will remain ‘live’ for the duration of any subsequent warning.

If appropriate, you will be notified when a warning has been removed from your records.

2.5j       Levels of Disciplinary Responsibility

Recorded Verbal Warning - Team Manager

Written Warning - Production/Manufacturing Manager (or equivalent)

Final Written Warning - Production/Manufacturing Manager (or equivalent)

Dismissal - A member of the senior management team

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