This procedure has been taken from the Phoenix Youth Provision Staff Handbook for ease of reference.
We retain discretion in respect of the Disciplinary Procedure to take account of your length of service and to vary the procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before dismissal.
If appropriate, informal action will be taken by PHOENIX YOUTH PROVISION to resolve problems relating to conduct, capability, or other circumstances.
Before considering a warning or dismissal, steps will be taken by PHOENIX YOUTH PROVISION to establish the facts.
At any stage of the Disciplinary Procedure you may be suspended, on full pay, whilst investigations are carried out. Suspension is a holding measure and is not to be taken as an indication that any allegations against you will be substantiated. In the event that you become unfit for work or unable to attend any necessary meetings due to sickness during the period of suspension, PHOENIX YOUTH PROVISION will review the decision to keep you on suspension and, following this review, your suspension may be lifted. If your suspension is lifted, you may no longer be entitled to full pay but will be entitled to Statutory Sick Pay in accordance with the Organisations rules and procedures.
If you are prevented from attending your place of work and/or performing your job duties as a result of Police bail conditions, or because of an order or direction given by a court or relevant regulatory body, then the duration of any such period will be without pay.
If it is necessary for PHOENIX YOUTH PROVISION to take action under the Disciplinary Procedure you will be issued with a written statement setting out the nature of the conduct or other circumstances that may result in a disciplinary warning or dismissal. You will only be issued with a disciplinary warning or dismissed following a formal disciplinary meeting, at which you will have been given the right to be accompanied by a fellow employee or an accredited trade union official. You should make every effort to attend the meeting.
Throughout the Disciplinary Procedure you will be given the opportunity to respond to any complaint before any decision on a disciplinary warning or dismissal is taken.
It is not permissible to record, whether audio and/or visual, any meetings which take place as part of this procedure, without our express written authorisation. You should note that unauthorised recording may result in action under the Disciplinary Procedure, which may include dismissal for gross misconduct.
PHOENIX YOUTH PROVISION may commence the Disciplinary Procedure, depending on the circumstances, at any of the following levels:
Written warning
A written warning will be issued and a copy placed on your personnel file for 6 months after which it will be disregarded.
Final written warning
A final written warning will be issued and a copy placed on your personnel file for 12 months after which it will be disregarded.
Dismissal
Dismissal may be with or without notice, depending on the circumstances, and may occur whether or not warnings have been issued.
You will be entitled to appeal against any disciplinary or dismissal decision taken, such appeal being held in accordance with the Appeal Procedure, which is outlined below.
Disciplinary and Capability Appeal Procedure
If you wish to appeal against any disciplinary or capability decision, you should apply in writing to the person outlined in your outcome letter, within 5 working days of receiving the letter. You will be invited to attend a meeting and you should take all reasonable steps to attend.
You will be given the opportunity to be accompanied at the meeting by a fellow employee or accredited trade union official.
It is not permissible to record, whether audio and/or visual, any meetings which take place as part of this procedure, without our express written authorisation. You should note that unauthorised recording may result in action under the Disciplinary Procedure, which may include dismissal for gross misconduct.
After the appeal meeting you will be informed of the final decision.
Phoenix Youth Provision 