Update Policies and procedures page “disciplinary-procedure”

Author: SamJCoop676

src/staff-handbook/policies-and-procedures/disciplinary-procedure.md

@@ -2,40 +2,62 @@
 title: Disciplinary procedure
 last_reviewed_at: 2025-05-16T17:00:00.000Z
 ---
+Our Disciplinary Procedure ensures that all disciplinary matters are dealt with fairly and consistently. This process outlines the steps that will be followed when concerns of conduct (how you behave at work) are raised. This process applies to all employees of dxw.
 
-## The process
+During any disciplinary process, care will be taken to ensure that we are impartial, fair and consistent. Any investigations will be undertaken in a timely manner and confidentiality will be maintained.
 
-If you do something that we feel constitutes misconduct, or your performance in
-your job has been poor, we'll talk to you about it. Hopefully, there's just been
-some misunderstanding, or some problem that's easy to solve and won't recur.
-Formal action will not be taken without careful investigation of the facts.
 
-If we feel it's appropriate, we may verbally warn you, explaining what has been
-unacceptable and what you need to do to improve your conduct or performance.
 
-If your conduct or performance fails to improve following a verbal warning, or
-if the matter is serious enough that a verbal warning is not appropriate, we may
-hold a disciplinary meeting at which you may be accompanied or represented by a
-colleague or trade union official.
+## Informal procedure
 
-Following this meeting, we may:
+If we feel it’s appropriate, we may discuss a disciplinary issue with you before undertaking any formal action. If we feel that this has resolved the issue we'll confirm everything in writing, following the conversation, including expectations of the change or improvement required. 
 
-- conclude that no misconduct has taken place, or that there is no poor
-  performance
-- issue you with a written warning, which will explain the:
+If your conduct fails to improve following this conversation, or if the matter is serious enough that an informal procedure is not appropriate, we will follow a formal procedure.
 
-  - nature of the misconduct or poor performance
-  - change to your behaviour or performance that you need to make
-  - time within which the change needs to be made
-  - consequences of not making the change (for example, dismissal)
-- in cases of gross misconduct, dismiss you without notice
+## \
+Formal procedure
 
-## Appealing the decision
+We will let you know about any concerns relating to your conduct, in writing, at the earliest opportunity.
 
-If you disagree with the outcome of this hearing, you may appeal against the
-decision. You must do this in writing. If you do so, your appeal and the
-circumstances of your case will be reviewed by a member of staff who has not
-been involved in your case before. That member of staff and the CEO will then
-meet to discuss your case, and will either uphold the outcome or schedule
-another disciplinary meeting. dxw's decision following that meeting will be
-final.
+We will conduct an investigation to establish the facts of the case. Some investigations will be relatively straightforward (e.g. data gathering), others may be more complex and time consuming (e.g. involving interviewing others.) We will let you know roughly how long the investigation is likely to take and keep you updated regularly as it progresses.
+
+The investigation will be completed by your line manager or a more senior manager in the business. You may be asked to attend a meeting as part of the investigation process. You may bring a colleague or a trade union representative to this meeting.
+
+Following this investigation, the person who has been completing the investigation will write to you explaining their findings and confirm if further disciplinary action is required. If further disciplinary action is required we will invite you to a formal disciplinary meeting, otherwise the matter is considered closed.
+
+On rare occasions, we may decide to suspend you from work during the investigation period. During a period of suspension, you will receive your full pay and contractual benefits.
+
+Before any formal disciplinary meeting we will write to you detailing the alleged conduct issue, any relevant evidence from the investigation, and also confirm the potential outcomes, in terms of disciplinary action. This meeting will be chaired by a Director and someone from the People team will also be present. You have the right to be accompanied to this meeting by either a colleague or trade union representative. You will be given at least 7 calendar days notice of the disciplinary meeting.
+
+At the disciplinary meeting, we will discuss with you the concerns over your alleged misconduct and cover any relevant findings from the investigation. Importantly, you will also have the opportunity to explain your case, ask questions and share any special circumstances that may be relevant. 
+
+Following this meeting, we will write to you confirming the outcome of the disciplinary meeting. The outcome will depend on the severity of the issue raised, as well any previous disciplinary action taken against you. 
+
+Potential outcomes include:
+
+* concluding that no misconduct has taken place
+* issuing you with a first written warning
+* issuing you with a final written written warning
+* in cases of gross misconduct, dismiss you without notice
+
+Behaviour amounting to gross misconduct is detailed within clause 16 of your contract of employment.
+
+Any written warnings will explain the:
+
+* nature of the misconduct 
+* expectations related to any changes you need to make to your behaviour 
+* timeline within which the change needs to be made
+* consequences of not making the change (for example, dismissal)
+
+If there are no further conduct concerns within the specified period of any written warning, the warning will expire.
+
+## Appeal procedure
+
+If you feel the disciplinary process has been unfair, disagree with the  outcome, or you have new evidence you wish to be considered, you have the right to appeal against the decision. You must do this in writing to the Head of People within 7 calendar days of receiving confirmation of the disciplinary outcome. 
+
+The Head of People will consider the grounds for your appeal and appoint a Director who has not been involved in your disciplinary process previously, to review your case. You will be invited to attend an appeal meeting where you will have an opportunity to explain your reasons for appeal. Following that meeting we will confirm in writing whether the original disciplinary outcome has been upheld, or your appeal is supported and the original disciplinary outcome is changed.
+
+dxw’s decision following that meeting will be final and there is no further right to appeal.
+
+\
+*Changes to this page must be approved by a Director.*