Temporary Workers Disciplinary, Dismissal and Grievance Procedures

1.                  GENERAL PRINCIPLES

All workers are engaged by Blueprint Recruitment Ltd on a ‘Contract for Service’ basis and as such we will always follow the hirers (whom a worker is assigned to work for) own policy in respect of Disciplinary, Dismissal and Grievance.  Please also note as detailed under ‘Additional Particulars’ in a workers assignment Notice and in Section 9 of the PAYE Contract terms “Any of the employment business, the agency worker or the hirer may terminate the agency worker’s assignment at any time without prior notice or liability”. Meaning all parties have the same and equal rights with respect to terminating an assignment.

The following general principles will apply to the Temporary Workers Disciplinary, Dismissal and Grievance Procedures in the event that a hirer does not have a policy in place.

• Each step and action will be taken without unreasonable delay. Please be aware that timelines may vary to those set out in this policy, due to (for example) the volume or complexity of the allegations being considered, or the availability of appropriate members of staff to conduct each stage of the process.
• Whenever the worker is invited by the Company to attend a meeting, the worker must take all reasonable steps to attend.
• At all stages of the procedure (except any investigation meetings) the worker will have the right to be accompanied by a trade union representative or a work colleague of your choice. If your choice of companion is unreasonable (e.g. because they are unavailable for a prolonged period of time or because of a conflict of interest) the Company may ask you to choose someone else. If your companion is unable to attend any such meeting you may suggest an alternative date, provided it is within 5 working days of the original date.
• Timing and location of meetings must be reasonable.
• Meetings will be conducted in a manner that enables both the Company and worker to explain their case.
• Meetings may be adjourned so that further investigation can be carried out in light of any new points raised. Any new information obtained will be provided to you for consideration before the meeting is reconvened.
• For appeal hearings following a decision the Company will as far as reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).
• Whenever the company or worker is required to send the other a statement, the original or a copy will suffice.
• If you have difficulty at any stage of the procedure because of a disability please discuss this as soon as possible with a Director.

2.                  DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES

2.1          PURPOSE
The Disciplinary, Dismissal and Grievance procedures are designed to help and encourage all workers to achieve and maintain appropriate standards of conduct, attendance and job performance.  The hirers rules and these procedures apply to all workers.  The aim is to ensure consistent and fair treatment for all working within their organisations.

PRINCIPLES

• No disciplinary action will be taken against a worker until the case has been investigated. The amount of investigation required will depend on the nature of the allegations and will vary from case to case.
• The Company may suspend a worker with or without pay while an investigation takes place. Such a suspension will be reviewed as soon as possible and will not normally exceed 10 working days. Suspension of this kind is not a disciplinary penalty and does not imply any decision has been made about the allegations.
• Misconduct will generally fall into two categories, namely “general” misconduct (in respect of which the general disciplinary action procedure described below applies) and “gross” misconduct, which is of so serious a nature that it justifies instant dismissal for a first offence. Listed below are examples which would normally be considered to be either general misconduct or gross misconduct.  However, it should be recognised that neither list can be regarded as complete to meet every case, and also that action described as general misconduct may amount to and be treated as gross misconduct if the circumstances or the manner of the misconduct are such as to warrant serious disciplinary action.  These lists should be regarded therefore as being illustrative rather than exhaustive.

2.2.1      Examples of “gross” misconduct:

Summary termination of assignment (i.e. termination without notice or pay in lieu of notice) may be necessary in cases of gross misconduct.  For guidance, the following are examples of the offences which may be regarded as gross misconduct and will normally result in contract termination.  It is emphasised that this is not an exhaustive list:

• Unauthorised use or disclosure of confidential information or business matters relating to the Hirer, its clients, temporary workers or applicants.
• Breach of the Data Protection Laws or the Hirers Data Protection Policy.
• Unauthorised amendments to the Hirers profile pages on any networking site or Networking Site as defined in the Hirers Email, Telephone, Computer Facilities and Social Media policy or website.
• Any prohibited use of the Hirers internet and email facilities such as the Hirers Email, Telephone, Computer Facilities and Social Media Policy.
• Acts of violence, including physical assault, unlawful discrimination, drunkenness, taking of non-prescribed drugs in such a way as to impair the ability to carry out work or conduct of any kind which endangers the health and safety of others.
• Any bullying or harassment of fellow employees, clients, candidates or any other person including via the Hirers facilities or any Networking Sites.
• A criminal offence committed at work other than a minor road traffic offence committed in the course of the assignment, or an offence committed outside work which is incompatible with the worker remaining on assignment.
• Falsification of information or references on appointment.
• Theft or fraudulent activity.
• Unauthorised absence or gross negligence in the performance of duties.
• Breach of the Hirers Anti-Bribery and Corruption Policy.
• Breach of the Criminal Finances Act 2017.
• Any conduct tending to bring the Hirer, or the Worker into disrepute or which results in the loss of custom of a client, temporary or applicant or a loss of business.
• Working for or assisting a competitor of the hirer or seeking to establish a business which is likely to compete with the hirer or divulging confidential information concerning the hirer and its business.
• Serious insubordination or refusal to obey a lawful instruction in connection with the assignment.
• Deliberate and serious damage to property or causing any loss, damage or injury through negligence.
• Serious misuse of the Hirers property or name.

2.2.2      Examples of “general” misconduct

The following may be regarded as reasons for disciplinary action in that they deviate from accepted standards and constitute general misconduct.  The workers first offence may normally result in a verbal warning.  Repetition of offences following a warning could lead to a final warning or termination of assignment as appropriate.  It is again emphasised that this is not an exhaustive list:

• Poor job performance.
• Poor time-keeping.
• Failure to comply with the conditions of your contract for Service.
• Unseemly or disruptive conduct.

2.3          DISCIPLINARY ACTION

The following is the disciplinary action that may be taken against a worker in cases of misconduct or unsatisfactory performance:

STAGE 1 – FORMAL VERBAL WARNING

If a workers conduct or performance is unsatisfactory, they will generally be given a formal verbal warning.  This warning will include the reason for the warning and a note that, if there is no improvement after a specified period, a final warning or dismissal (depending on the misconduct) may be given.  A note of the warning will be added to the workers file on Blueprints Eclipse software system.

STAGE 2 – FORMAL FINAL WARNING

If following a verbal warning, conduct or performance remains unsatisfactory, or if a serious incident occurs, a final warning may be given making it clear that any recurrence of the offence or other serious misconduct within a specified period will result in dismissal. A note of the warning will be added to the workers file on Blueprints Eclipse software system.

STAGE 3 – DISMISSAL OR OTHER SANCTION

If there is no satisfactory improvement in conduct or performance, or if further serious misconduct occurs within the assignment period, the final step in the procedure may be dismissal, either with or without notice or payment in lieu of notice, or some other action short of dismissal such as disciplinary suspension. Stage 3 may also apply to any gross misconduct (even if there are no active warnings on file) or any misconduct during the period.

2.4          DISCIPLINARY PROCEDURE

2.4.1      Informal Discussion

1. Minor breaches of discipline, misconduct, poor time-keeping, etc may result in an informal discussion with the worker.

2. Although an informal warning will not be formally recorded for the purposes of any future disciplinary action, a note of the conversation may be added to the workers file on Blueprints Eclipse software system.

3. It is expected that in most cases an informal discussion will resolve most difficulties. Where a worker commits a more serious act of misconduct or fails to improve and maintain that improvement with regard to conduct, behaviour or job performance, the formal steps detailed previously may be taken.

Step 3 – Appeal

1. If the worker does wish to appeal, s/he must inform Blueprint within 5 working days of receiving the decision, and on doing so the Blueprint may invite him/her to attend a meeting.

2. The appeal meeting may not necessarily take place before the dismissal or disciplinary action takes effect but it will be arranged within a reasonable period of time.

3. The appeal will be dealt with by a more senior member of staff. Where this is not practicable, the company will hear the appeal and decide the case as impartially as possible.

4. After the appeal meeting, Blueprint will inform the worker of its final decision in writing, as soon as reasonably possible (but normally within one week of the appeal). Blueprint may uphold or revoke the original decision or substitute a different penalty.

GRIEVANCE PROCEDURE

If a worker has a problem or concern about their work, working conditions or a relationship with a colleague, they should aim to settle their grievance informally with their line manager.

If a worker’s grievance cannot be settled informally, or a formal approach is preferable, the worker should raise it formally with management by following the procedure below.

Step 1 – Written statement

The worker should set out their grievance in writing and send this statement to a Blueprint Director unless the grievance concerns a Director in which case the grievance should be submitted to another Director. Include facts, dates, a chronology and names of individuals, as appropriate. The subject heading should be marked as “Formal Grievance”.

Step 2 – Meeting

1. The company may invite the worker to attend a meeting to discuss the grievance, normally within 5 days, but longer where it is necessary to undertake an investigation to establish the facts or it is otherwise impracticable.

2. The meeting will not take place unless:

• the worker has informed Blueprint of the basis for the grievance in writing; and
• Blueprint has had a reasonable opportunity to consider its response to that information

3. After the meeting Blueprint will inform the worker of its decision, as soon as reasonably practicable (but normally within one week of the meeting), and Blueprint will notify the worker of his/her right to appeal if s/he is not satisfied with it.

Step 3 – Appeal

If the worker does wish to appeal, s/he must inform a Director within 5 working days of receiving the decision, and on doing so Blueprint may invite him/her to attend a further meeting. After the appeal meeting, Blueprint will inform the worker of its final decision as soon as is reasonably practicable (but normally within one week of the meeting). The Company’s decision is final.

John McBain
Managing Director