8. Frustration of the Disciplinary Procedures

Grievance Meeting The manager handling the matter will invite the employee to attend a meeting to discuss their grievance with a view to resolving the issues or collecting further information by which to arrive at a decision. The Company will inform the employee of its decision in response to the grievance raised and notify the employee of their right of appeal against the decision if dissatisfied with the outcome.

Grievance Appeal In the event of the grievance not being resolved to the employee’s satisfaction, an appeal may be made to the next more senior level of management. The appeal must be made in writing, setting out the basis of the grievance and reasons for the appeal. The Company will invite the employee to a further hearing and provide an opportunity to discuss their grievance and objections to the original decision. After due consideration and further investigation if required, the employee will be informed of the Company’s decision regarding their appeal. In the unlikely event that the employee feels that the issues raised have not been properly addressed, or where the employee wishes to make a confidential protected disclosure (“whistle blowing”) a written submission may be made to the Company’s Managing Director who will review the situation with the employee. The actions taken by the Managing Director in relation to the grievance shall be final and binding on all parties. Employees may use the grievance procedure to draw the Company’s attention to issues at any point during their employment. Even after employment has ceased with the Company, this procedure may be used in an attempt to resolve problems. In such cases, where the issue is a relatively straightforward factual matter, for example, calculation of termination payments, payment of outstanding holiday entitlement, etc. It may be appropriate and acceptable to both parties to deal with the grievance as a written exercise without the need to meet, unless this would be appropriate. The disciplinary procedure is separate and distinct from the grievance procedure. Disciplinary procedures shall not be affected or interrupted by the employee invoking the grievance procedure. That is, the disciplinary action and appeal process will be allowed to take its course and any grievance will be dealt with afterwards.

8. FRUSTRATION OF THE DISCIPLINARY PROCEDURES

On occasion, employees have been known to attempt to frustrate the disciplinary process by a variety of actions including non-cooperation, failure to attend meetings and sickness absence. Whilst each case will be dealt with on its merits, the following provisions are included to overcome frustration of the disciplinary process, notwithstanding the employee’s right to fairness and the rules of natural justice. The basis of the disciplinary procedures in the event of a perceived frustration will normally be to accord the employee the following: In the case of short-term sickness, consideration will be given to the postponement of the hearing, to provide a reasonable opportunity for the employee to regain health to state his or her own case. The period of time that it is considered reasonable to postpone the hearing will normally be up to 2 weeks. A judgement will be made at this time, whether it would be reasonable to grant a period of additional postponement. This will be made in knowledge of the known or expected length of absence. If the employee’s return is not expected in the short term, the employee will be invited to submit his or her representation to the hearing either in written form or through a representative (who is either their trade union representative or fellow employee) at the meeting. The representative will be provided with the same rights as the employee and able to present the facts of the defence, question witnesses and produce evidence to demonstrate the employee’s defence. If the employee declines to provide a written submission or present his case through a representative