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Disciplinary & Capability Procedure

This procedure exists to:

  • Maintain standards of conduct and performance
  • Ensure fair and consistent treatment
  • Provide a clear process for addressing misconduct or underperformance

Minor issues will normally be dealt with informally by your line manager. This procedure applies where matters are more serious or informal resolution has not been successful.

This procedure applies to employees of FooEngine Limited. It does not apply to casual freelancers or external suppliers.

Investigations

Before any formal disciplinary or capability hearing is held, an investigation will take place to establish relevant facts.

  • Investigations will be conducted promptly and as confidentially as possible
  • Meetings held during investigation are fact-finding only
  • No disciplinary action will be taken without a formal hearing

Suspension

In some cases of alleged serious misconduct, we may suspend you on full pay while an investigation takes place.

  • Suspension is not disciplinary action
  • During suspension you must not access company systems or contact clients or staff unless authorised

Disciplinary / Capability Hearing

If a hearing is required:

  • You will receive written notice of the hearing
  • You will be told the nature of the concerns and possible outcomes
  • Relevant evidence will be shared in advance

You may be accompanied by:

  • A colleague
  • A trade union representative
  • A support person

You may request relevant witnesses or submit supporting evidence in advance. A decision will normally be confirmed in writing within one week of the hearing.

Possible Outcomes

Depending on the nature of the issue:

Stage 1 — First Written Warning

Used for initial formal misconduct or performance concerns. Normally remains active for six months.

Stage 2 — Final Written Warning

Issued where:

  • There is further misconduct or underperformance
  • Or the issue is sufficiently serious

Normally remains active for twelve months.

Stage 3 — Dismissal or Other Action

May occur where:

  • There is further misconduct after a final warning
  • Or an act of gross misconduct
  • Or continued failure to improve performance

Other possible outcomes may include:

  • Extended review periods
  • Adjusted duties
  • Redeployment (where contractually permitted)

Gross Misconduct

Gross misconduct will normally result in summary dismissal without notice or payment in lieu. Examples include:

  • Theft or fraud
  • Serious information security breach
  • Violence, bullying or harassment
  • Serious insubordination
  • Serious breach of confidentiality
  • Unlawful discrimination
  • Bringing the company into serious disrepute
  • Serious negligence causing loss or harm
  • Working under the influence of illegal drugs or alcohol
  • Serious breach of health and safety rules

This list is not exhaustive.

Appeals

You may appeal any formal disciplinary decision.

  • Appeals must be submitted in writing within seven days of receiving the decision
  • Appeals should be addressed to a company director not previously involved where possible
  • You may be accompanied to the appeal hearing

The appeal outcome will be confirmed in writing. The appeal decision is final.

Capability (Performance) Issues

Where concerns relate to performance rather than conduct:

  • Support, guidance and reasonable time to improve will be provided
  • Objectives and review periods will be agreed
  • Failure to improve may lead to escalation through the warning stages

Confidentiality

All disciplinary and capability matters will be handled sensitively and confidentially.