Associate Handbook 2018

At the disciplinary hearing the Company will go through the allegations against the Associate and the evidence that has been gathered. Associates will be able to respond and present any evidence of their own. The Associate’s companion may make representations and ask questions, but should not answer questions on the Associate’s behalf. The Associate may confer privately with their companion any time during the hearing.

The disciplinary hearing may be adjourned if further investigations need to be carried out.

Appeals

 If Associates wish to appeal against any disciplinary sanction, they should do so in accordance with the procedure set out in paragraph 7.5 below

 Associates are entitled to be accompanied by a colleague or Trade Union representative at the appeal meeting. For further details, please refer to paragraph 7.3 above  Associates should make all reasonable efforts to attend any meeting held under this procedure. If they fail to do so without good reason or are persistently unable to do so, the Company may proceed with the meeting and/or make a decision in their absence and to draw such inferences as appropriate from the material in its possession, from their absence. In cases of gross misconduct Associates may be subject to summary dismissal, which means immediate termination of employment without payment of notice, following a full investigation and subject to the Disciplinary Procedure at paragraph 7.3 above. This is not to be confused with immediate termination with payment of notice and holiday pay, which may occur at the Company's discretion in certain cases of dismissal resulting from the normal disciplinary procedure. Summary dismissal normally results from a single occurrence of gross misconduct and does not require completion of the warning procedure. Serious breach of any of the regulations listed under section 10.4 - Regulatory Compliance, may result in summary dismissal. If at any stage of the disciplinary procedure an Associate is dissatisfied with the disciplinary action taken, they should appeal in writing, giving full details of the grounds for the appeal, within five working days to the next line of authority not previously involved. If Associates are appealing against dismissal, the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However, if an Associate’s appeal is successful they will be reinstated with no loss of continuity or pay. If Associates raise any new matters in their appeal, the Company may need to carry out further investigation. If any new information comes to light the Company will provide Associates with a summary including, where appropriate, copies of additional relevant documents and witness statements. Associates will have a reasonable opportunity to consider this information before the hearing. 7.4 Summary Dismissal Summary dismissal requires the approval of the Head of HR. 7.5 Appeal Procedure