This procedure is designed to help and encourage all employees to achieve and maintain expected standards of conduct, attendance and job performance. The company rules and this procedure apply to all employees. The aim is to ensure consistent and fair treatment for all staff of Evolve Tennis Limited trading as Berkhamsted Tennis & Fitness.
Informal action will be considered, where appropriate, to resolve problems. No disciplinary action will be taken against an employee until the case has been fully investigated. For formal action the employee will be advised of the nature of the complaint against him or her and will be given the opportunity to state his or her case before any decision is made at a disciplinary meeting. Employees will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary meeting. At all stages of the procedure the employee will have the right to be accompanied by a trade union representative, or work colleague. No employee will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice. An employee will have the right to appeal against any disciplinary action. The procedure may be implemented at any stage if the employee’s alleged misconduct warrants this.
3. The procedure
First stage of formal procedure
A first warning for misconduct if conduct does not meet acceptable standards. This will be in writing and set out the nature of the misconduct and the change in behaviour required and the right of appeal. The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change. A record of the warning will be kept, but it will be disregarded for disciplinary purposes after a period of six months.
Final written warning
If the offence is sufficiently serious, or if there is further misconduct or a failure to improve performance during the currency of a prior warning, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will refer to the right of appeal. A copy of this written warning will be kept but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct or performance.
Dismissal or other sanction
If there is still further misconduct or failure to improve performance the final step in the procedure may be dismissal or some other action short of dismissal such as demotion or disciplinary suspension or transfer (as allowed in the contract of employment). Dismissal decisions can only be taken by the Director, and the employee will be provided in writing with reasons for dismissal, the date on which the employment will terminate, and the right of appeal.
If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement, and will be advised of the right of appeal. A copy of the written warning will be kept but will be disregarded for disciplinary purposes after 12 months subject to achievement and sustainment of satisfactory conduct or performance.
The following list provides some examples of offences which are normally regarded as gross misconduct:
theft or fraud
physical violence or bullying
deliberate and serious damage to property
serious misuse of an organisation’s property or name
deliberately accessing internet sites containing pornographic, offensive or obscene material
unlawful discrimination or harassment
bringing the organisation into serious disrepute
serious incapability at work brought on by alcohol or illegal drugs
causing loss, damage or injury through serious negligence
a serious breach of health and safety rules
a serious breach of confidence.
If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the alleged offence is investigated. If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
An employee who wishes to appeal against a disciplinary decision must do so within five working days. The Director will hear all appeals and his/her decision is final. At the appeal any disciplinary penalty imposed will be reviewed.
Berkhamsted Tennis & Fitness provides tennis and fitness services to people of all ages and levels, every day of the week. We count ourselves as one of the leading all round tennis and fitness coaching programmes in the region.