Page 23 - O'Shea Group EHB May 2019

3.1.2 Procedure appropriate at each stage
At each stage the complaint against the employee shall be notified to the employee and they shall be
interviewed and given the opportunity to state their case accompanied by a representative,

Where relevant, and in circumstances where a sanction is applied short of Dismissal, the employee
shall be informed of:

• Their alleged shortcoming/misdemeanour

• What, in the view of the Company, needs to be done by way of improvement
• The period of time during which such improvement is to be shown.

• The consequences of there being no improvement

If any assistance or training is to be provided this will be detailed in writing after any stage within the
procedure. If a verbal warning is given, then written record of this warning will be made in the
employee's file.
As each warning is given the Company and the employee shall agree (or in default of agreement
between the Company and employee, the Company shall specify), the period of time to be allowed
for improvement not only to be achieved but also to be sustained.

3.1.3 Role of Representative
At all formal disciplinary meetings, including appeals, the employee may choose to be accompanied
by another employee of the Company.

The representative may;
a) Put the employee's case

b) Sum up the employee's case

c) Respond on the employee's behalf to any view expressed at the hearing

d) Confer with the employee but may not answer questions on the employee's behalf.

3.1.4 Offences involving Gross Misconduct
The Company may summarily dismiss any employee who is guilty of gross misconduct. Before any
disciplinary action is taken the employee shall be interviewed and informed of the allegations against
them. The employee is to be given ample opportunity to state their case. They shall be told that a
Representative can accompany them. When a decision in respect of the matter has been made the
employee will be informed and where this decision is to dismiss the employee will be informed that
he/she will receive formal written notice of this decision. The following list includes (but is not
confined to) examples of the circumstances, which will be regarded as ‘Gross Misconduct’. Please note
that this list is not exhaustive.

• Failure or refusal to carry out duties as set out in your terms and conditions of employment,
or failure to carry out a reasonable management instruction
• Persistent poor time-keeping or absence from work
• A serious breach of the Company Privacy and Data Protection Policy
• Misuse or misappropriation of the firm’s property or equipment

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