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🚧Disciplinary and Capability

Version 1.0 | This Policy was approved on DD MMMM YYYY.

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Introduction

Definitions

This document employs terms related to the DCDR Advocacy that can be found in the TIOF terminology.

For a structure of The IO Foundation, please visit

About this document

This document, hereinafter the Policy, sets out the necessary arrangements to define The IO Foundation's Disciplinary and Capability procedures involving TIOF Members and anyone visiting its premises, or in any way involved with its advocacy and initiatives, that you will need to be aware of while being a Member for TIOF.

You should familiarize yourself with it and comply with it at all times. Any questions you may have with regard to its contents or what you have to do to comply with it should be referred to your corresponding Team Human Resources Manager.

Any Member who breaches this Policy will face disciplinary action, which could result in dismissal for gross misconduct. Any non-employee who breaches this Policy may have their contract (or equivalent official relationship with TIOF) terminated with immediate effect.

This document complements TIOF's Code of Conduct.

This document does not form part of any Engagement Document and we may amend it at any time following the procedures described in TIOF's Statute.

Scope

This document directly applies to:

This document indirectly applies to:

The policies set out in this document apply to all TIOF Members unless otherwise indicated. They therefore apply to Members of the Boards (Directors, Advisers, Consultants), Employees, Volunteers and Interns; this is irrespective of their engagement type. They equally apply to all Contributors and will be used as part of the selection criteria when engaging with them.

This Policy applies within all TIOF Spaces, including (although not limited to) management activities, contributions or events; it and also applies when an individual is officially representing the organization in public spaces. Examples of representing the organization include (although not limited to) using an official e-mail address, posting via any official channel or acting as an appointed representative at an event.

Review and Amendments This policy shall be reviewed regularly to ensure its continued relevance and effectiveness. Amendments may be made to adapt to new legal requirements, changing circumstances or to better serve the organization's Mission.

Policy details

Disciplinary and Capability statement

(Disciplinary and capability procedure)

  1. About this procedure

    1. This procedure is intended to help maintain standards of conduct and performance and to ensure fairness and consistency when dealing with allegations of misconduct or poor performance.

    2. Minor conduct or performance issues can usually be resolved informally. This procedure sets out formal steps to be taken if the matter is more serious or cannot be resolved informally.

    3. This procedure applies to all employees regardless of length of service. It does not apply to agency workers or self-employed contractors.

    4. This procedure does not form part of any employee's contract of employment and we may amend it at any time.

  2. Investigations

    1. Before any disciplinary hearing is held, the matter will be investigated. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing.

    2. In some cases of alleged misconduct, we may need to suspend you from work while we carry out the investigation or disciplinary procedure (or both). While suspended, you should not visit our premises or contact any of our clients, customers, suppliers, contractors or staff, unless authorised to do so. Suspension is not considered to be disciplinary action.

  3. The hearing

    1. We will give you written notice of the hearing, including sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare. You will normally be given copies of relevant documents and witness statements.

    2. You may be accompanied at the hearing by a trade union representative or a colleague, who will be allowed reasonable paid time off to act as your companion.

    3. You should let us know as early as possible if there are any relevant witnesses you would like to attend the hearing or any documents or other evidence you wish to be considered.

    4. We will inform you in writing of our decision as soon as reasonably practicable after the hearing.

  4. Disciplinary action and dismissal

    1. The usual penalties for misconduct or poor performance are:

      1. Stage 1: First written warning or improvement note. Where there are no other active written warnings or improvement notes on your disciplinary record, you will usually receive a first written warning or improvement note. It will usually remain active for six months.

      2. Stage 2: Final written warning. In case of further misconduct or failure to improve where there is an active first written warning or improvement note on your record, you will usually receive a final written warning. This may also be used without a first written warning or improvement note for serious cases of misconduct or poor performance. The warning will usually remain active for 12 months.

      3. Stage 3: Dismissal or other action. You may be dismissed for further misconduct or failure to improve where there is an active final written warning on your record, or for any act of gross misconduct. Examples of gross misconduct are given below (paragraph 6). You may also be dismissed without a warning for any act of misconduct or unsatisfactory performance during your probationary period.

We may consider other sanctions short of dismissal, including demotion or redeployment to another role (where permitted by your contract), and/or extension of a final written warning with a further review period.

  1. Appeals

    1. You may appeal in writing within one week of being told of the decision.

    2. The appeal hearing will, where possible, be held by someone other than the person who held the original hearing. You may bring a colleague or trade union representative with you to the appeal hearing.

    3. We will inform you in writing of our final decision as soon as possible, usually within one week of the appeal hearing. There is no further right of appeal.

  2. Gross misconduct

    1. Gross misconduct will usually result in dismissal without warning, with no notice or payment in lieu of notice (summary dismissal).

    2. The following are examples of matters that are normally regarded as gross misconduct:

      1. theft or fraud;

      2. physical violence or bullying;

      3. deliberate and serious damage to property;

      4. serious misuse of the organisation's property or name;

      5. deliberately accessing internet sites containing pornographic, offensive or obscene material;

      6. serious insubordination;

      7. unlawful discrimination, victimisation or harassment;

      8. bringing the organisation into serious disrepute;

      9. serious incapability at work brought on by alcohol or illegal drugs;

      10. causing loss, damage or injury through serious negligence;

      11. a serious breach of health and safety rules;

      12. a serious breach of confidence.

    3. This list is intended as a guide and is not exhaustive.

  3. About this procedure

    1. Most grievances can be resolved quickly and informally through discussion. If this does not resolve the problem you should initiate the formal procedure set out below.

    2. This procedure applies to all employees regardless of length of service. It does not apply to agency workers or self-employed contractors.

    3. This procedure does not form part of any employee's contract of employment. It may be amended at any time and we may depart from it depending on the circumstances of any case.

  4. Step 1: written grievance

    1. You should put your grievance in writing and submit it to [insert name].

    2. The written grievance should set out the nature of the complaint, including any relevant facts, dates, and names of individuals involved so that we can investigate it.

  5. Step 2: meeting

    1. We will arrange a grievance meeting, normally within one week of receiving your written grievance. You should make every effort to attend.

    2. You may bring a companion to the grievance meeting if you make a reasonable request in advance and tell us the name of your chosen companion. The companion may be either a trade union representative or a colleague, who will be allowed reasonable paid time off from duties to act as your companion.

    3. If you or your companion cannot attend at the time specified you should let us know as soon as possible and we will try, within reason, to agree an alternative time.

    4. We may adjourn the meeting if we need to carry out further investigations, after which the meeting will usually be reconvened.

    5. We will write to you as soon as reasonably practicable after the last grievance meeting, to confirm our decision and notify you of any further action that we intend to take to resolve the grievance. We will also advise you of your right of appeal.

  6. Step 3: appeals

    1. If the grievance has not been resolved to your satisfaction you may appeal in writing to [insert name], stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

    2. We will hold an appeal meeting, normally within two weeks of receiving the appeal. This will be dealt with impartially by someone who has not previously been involved in the case. You will have a right to bring a companion (see paragraph 3.2).

    3. We will confirm our final decision in writing as soon as reasonably practicable after the appeal hearing. There is no further right of appeal.

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