1.Policy Statement

FKM GROUP LTD is committed to maintaining high standards of conduct and performance. This Disciplinary Policy and Procedure is designed to ensure a fair, consistent, and non-discriminatory approach to handling disciplinary matters acFKM Group the business, in accordance with:

  • The ACAS Code of Practice on Disciplinary and Grievance Procedures
  • The Employment Rights Act 1996
  • The Equality Act 2010

All disciplinary issues will be dealt with in a professional and impartial manner, ensuring that employees are treated fairly and given the opportunity to respond to any allegations made.

2.Informal Procedure: Counselling

In cases of minor conduct or performance issues, an informal approach may be taken in the form of a counselling session. This is not disciplinary in nature and is intended to be supportive and preventative.

During counselling:

  • The manager will discuss the areas of concern and expectations.
  • An improvement plan may be agreed upon, which could include additional training or further clarification of duties.
  • A review period will be established, during which progress will be monitored.

If performance or conduct does not improve during this period, or if more serious issues arise, the formal disciplinary procedure may be initiated.

3.Formal Disciplinary Procedure

Where informal resolution is unsuccessful or where the matter is more serious, the following stages may apply:

3.1. Investigation

An appropriate manager will carry out an investigation into the allegation(s). This may involve interviews, reviewing records, and collecting evidence. Suspension on full pay may be considered during this stage if necessary to facilitate the investigation or protect individuals involved.

3.2. Invitation to Disciplinary Hearing

If, after investigation, formal action is deemed necessary:

  • The employee will receive a written invitation to a disciplinary hearing, including:
    • The nature of the allegations
    • The evidence supporting the allegations
    • The potential outcome(s)
    • The date, time, and location of the hearing
    • The right to be accompanied (see 3.3 below)

The employee will be given reasonable notice of the hearing and access to relevant evidence in advance.

3.3. Right to be Accompanied

Employees have a legal right to be accompanied at any disciplinary hearing by:

  • A fellow worker, or
  • A trade union representative or official

The employee must inform the Company in advance of who they intend to bring.

3.4. The Hearing

At the disciplinary hearing:

  • The allegations and evidence will be presented.
  • The employee will be given the opportunity to respond, present evidence, and call witnesses if applicable.
  • A decision will not be made during the hearing unless all parties agree.

3.5. Possible Disciplinary Outcomes

Depending on the findings, outcomes may include:

  • No action
  • Verbal (informal) warning
  • Written warning
  • Final written warning
  • Dismissal (with notice or summary dismissal in gFKM Group misconduct cases)

Disciplinary action will be proportionate and take into account the nature of the misconduct, any previous warnings, and mitigating circumstances.

4.GFKM Group Misconduct

GFKM Group misconduct refers to behaviour so serious that it may justify dismissal without notice. Examples include, but are not limited to:

  • Physical violence or threats
  • Theft or fraud
  • Deliberate damage to Company property
  • Serious breach of health & safety rules
  • Being under the influence of drugs or alcohol at work
  • Serious insubordination
  • Working without a valid SIA licence

In cases of alleged gFKM Group misconduct, the employee may be suspended on full pay while the matter is investigated. Dismissal for gFKM Group misconduct will only occur after a full and fair disciplinary process.

5.Right of Appeal

Employees have the right to appeal any formal disciplinary decision. Appeals must be submitted in writing within 5 working days of the disciplinary outcome, stating the grounds for appeal.

An appeal hearing will be arranged with a manager not previously involved in the case. The outcome of the appeal will be confirmed in writing and will be final.

6.Record-Keeping & Confidentiality

Records of disciplinary matters will be kept confidential and retained in accordance with UK GDPR and data protection laws. Disciplinary warnings will be time-limited as outlined in Company procedures (e.g., typically 6–12 months).

7.Disciplinary Offences

Examples of conduct that may lead to disciplinary action include (but are not limited to):

  • Poor timekeeping or attendance
  • Unauthorised absence
  • Failure to follow company absence procedures
  • Minor damage to Company property
  • Breach of health and safety procedures
  • Inappropriate behaviour towards colleagues or clients
  • Failure to comply with lawful instructions