As agreed between S&A Produce (UK) Ltd and Transport and General Workers Union
S & A aims to ensure that there will be a fair and systematic approach to the implementation of standards of conduct affecting seasonal workers. To this end the following disciplinary procedure will apply.
If an employee is asked to attend a disciplinary hearing they have the right to be accompanied by another employee of the Company or
Stage 1 – Oral warning in the field or at work place
If an employee’s conduct or performance does not meet acceptable standards, they will, in the absence of a satisfactory explanation, generally be given a verbal warning (recorded). Information regarding a received warning will be displayed on the employee’s electronic personnel file and a hard copy given to the employee.
Stage 2 – Written Warning
If the offence is a more serious one or if the misconduct or poor performance continues or is repeated, or if there is a further offence of a different nature, the employee will, in the absence of a satisfactory explanation, be given a written or final written warning which will set out the nature of the offence and the likely consequences of any further offences. Information regarding a received warning will be displayed on the employee’s electronic personnel file and a hard copy given to the employee.
Stage 3 – Disciplinary Hearing (possible dismissal)
If an employee’s conduct is sufficiently serious or amounts to gross misconduct or if the employee’s conduct or performance remains unsatisfactory following a final written warning and the employee continues to fail to reach the required standards, and in the absence of a satisfactory explanation, the employee will normally be invited for disciplinary hearing and dismissed.
If an employee has committed an act or acts of gross misconduct, they may be summarily dismissed without notice or any payment in lieu of notice.
Gross misconduct includes (but is not limited to):
· theft, fraud or embezzlement from the Company
· deliberately damaging Company property
· using or threatening physical violence or fighting with, displaying aggressive behaviour towards, or assaulting staff, management or customers
· deliberate or serious breach of health & safety and hygiene rules
· indecent or immoral behaviour, including accessing and/or distributing offensive or pornographic material however obtained
· serious rudeness to, or swearing at other members of staff, management or customers
· being under the influence of alcohol or illegal drugs, or possessing illegal drugs or other prescribed substances whilst at work
· being charged with and/or convicted of a criminal offence which in the opinion of the Company demonstrates unsuitability for continued employment with the Company
· deliberately discriminating against or harassing staff, management, customers, clients or suppliers because of their race, sex, sexual orientation, religion, age or any other unlawfully discriminatory grounds
· bringing the company into disrepute as a result of serious misconduct in or outside of work
· assisting, encouraging or procuring any other member of staff to commit any act which would justify gross misconduct
· negligence which causes or might cause unacceptable loss or damage to the Company or injury to you or anyone else
· serious and/or repeated insubordination or the refusal to carry out any lawful and reasonable instruction
If an employee has been dismissed or has received another sanction in accordance with this procedure, they may appeal against that decision within 24 hours to the HR Manager.
The appeal should be set out in writing and the letter should indicate the full grounds upon which the appeal is made and whether it relates to the finding of guilt or the penalty imposed.
The employee will be invited to attend an appeal hearing and have the right to be accompanied by another employee of the Company or
The appeal will be heard within the following time frames and where possible, by a manager who is independent of any previous hearings and who is Senior to the manager who issued the sanction against which the appeal is being made:
· Verbal or written warnings – within three working days
· Suspension, dismissal or demotion – within 24 hours
The conduct of the appeal shall be a matter for the manager holding the appeal who may call such witnesses and consider such documents as he/she feels appropriate. He/she may also adjourn the appeal to conduct any further enquiries that he/she believes are necessary.
The manager hearing the appeal may:
· Confirm the disciplinary action taken (uphold the appeal and set aside the original disciplinary action)
· Substitute an alternative, less serious or more serious form of disciplinary action or penalty if he/she thinks it appropriate to do so.
Employees must make all reasonable efforts to attend an appeal hearing. If an employee fails to attend, the Company may proceed with the hearing in their absence and may, in the absence of a proper excuse, draw such inferences as are appropriate from the material in its possession and from the employee’s absence. The Company will inform the employee of its final decision immediately after the appeal hearing and will subsequently confirm the decision in writing.
The decision made at the appeal is final and there is no further right to appeal.
The Company recognises the importance of maintaining good working relationships where problems can be discussed and easily resolved at an early stage. All employees (and in some cases former employees) have the right to seek individual redress for any grievance that relates to their employment. This procedure will be followed to ensure that grievances are dealt with in a fair, open and timely manner.
Stage 1 – Informal approach
Where possible, an employee should first raise any complaint by discussing it informally with their supervisor or line manager. As an alternative, and if the complaint relates to the supervisor or line manager, the employee can discuss the matter on an informal basis with a more senior employee or a manager. If the complaint cannot be resolved informally, the employee should raise it using the formal procedure set out below.
Stage 2 – Formal approach
If the complaint is not resolved to an employee’s satisfaction, or if the employee is not able to raise the matter informally, the employee should set out their grievance in writing and send it to their manager. The employee will be invited to attend a grievance hearing. The Company may ask the employee to provide more details of the complaint so that it has the opportunity to consider it in advance of the meeting. The employee should bring any documents or witnesses they wish to rely on to the grievance meeting.
After the grievance meeting, a summary of the complaint, the Company’s decision and the solution(s) proposed (if any) will be prepared. A copy of this document will be provided to all concerned and a copy will be placed on the employee’s personnel file.
Stage 3 - Appeal
If the matter is not resolved to the employee’s satisfaction then they may appeal in writing to HR Manager within 24 hours of the decision complained about. The employee will normally be informed to whom the appeal should be addressed.
The manager (who will be a different manager and uninvolved in the process to that date) hearing the appeal may call such witnesses and consider such documents as he/she feels appropriate. He/she may also adjourn the appeal to conduct any further enquiries that he/she believes are necessary.
The employee making the appeal must make all reasonable efforts to attend the appeal hearing. If the employee fails to attend, the Company may proceed with the hearing in their absence and draw such inferences as are appropriate from the material in its possession and from the absence.
The Company will inform the employee of its final decision immediately after the appeal hearing and will subsequently confirm the decision in writing.
The decision made at the appeal will be final and there is no further right to appeal.
In some circumstances, it may not be appropriate for the grievance procedure to be used. This procedure cannot be used to complain about the imposition of a disciplinary warning, or suspension with or without pay, dismissal or demotion because of your conduct or capability for which there is a separate appeals procedure set out in Disciplinary procedures.
If an employee wishes to raise a grievance about issues arising from their sex, race, religion or belief, sexual orientation, disability, age or any other matter of an alleged discriminatory nature, or any other grievance then this procedure should be followed.
The decision made at the appeal is final and there is no further right to appeal.