Disciplinary procedures

This is an extract from the firm's General Statement of Terms and Conditions of Employment:

10. DISCIPLINARY PROCEDURE

General Principles

10.1 The purpose of the Firm's disciplinary procedure is to ensure that all employees are treated fairly and equally at all times whilst the standards required by the Firm are maintained.

In the event that any problems arise, the Firm will make every effort to resolve them quickly and informally by discussion between those directly involved, normally the employee and his or her immediate supervisor. However if this is not appropriate or is not successful the sections below contain the Company’s rules which set standards for conduct and performance, and the procedures which will be followed

10.2 The disciplinary procedure provides for warnings to be given for failure to meet the Firm's standards of job performance, conduct, attendance, or for breach of any of the terms and conditions of employment. The Firm reserve the right to take disciplinary action in relation to an employee’s conduct outside office hours where it has reasonable grounds to believe the Firm’s reputation or business activities may have been jeopardised.

Procedure

10.3 A full investigation of the facts of each case will be carried out by the staff partner or his/her appointed representative before any disciplinary action is taken. The Firm may suspend an individual employee, on full pay, while such investigations are under way. During a period of suspension the individual must respond to any requests to attend the office to participate in the investigation but otherwise will not be allowed to enter the Firm’s premises without the express agreement of the Staff Partner. Suspension in these circumstances does not infer guilt or constitute a disciplinary sanction.

10.4 Employees involved in disciplinary action will be given, in writing, details of the complaint against them and of the evidence collated to justify the complaint. They will be requested to attend a meeting where they will have a full opportunity to state their case. At all formal meetings concerned with this matter the employee may be accompanied by an fellow employee of their own choosing or a trade union representative.

10.5 If the Staff Partner considers that it is not necessary to resort to the formal warning procedure, he will recommend that the matter is discussed between the employee and his/her departmental partner, suggesting areas for improvement. This discussion will, in so far as is possible, be in private and the employee will be informed that no formal disciplinary action is being taken.

If the Staff Partner concludes that disciplinary action is appropriate, the employee will be informed of the action to be taken, the stage in the disciplinary procedure to be applied depending upon the seriousness of the offence and of the right to appeal.

Disciplinary Actions

10.6 Disciplinary action will normally be in accordance with the following paragraphs but, depending upon the seriousness of the offence, may be invoked at any level including summary dismissal:

(a) In the case of minor offences the employee will be given a formal oral warning. He will be advised that the warning constitutes the first formal stage of the disciplinary procedure and that a note will be placed on his/her personal file. The nature of the offence and the likely consequences of further offences or a failure to improve will be explained to him;

(b) In the case of serious offences or a repetition of earlier minor offences the employee will be given a first written warning, setting out the following:

- the precise nature of the offence;

- the action necessary to remedy the situation;

- any review period which may be agreed;

- the consequences of a failure to comply with the warning.

(c) In the case of a further repetition of earlier offences, if the employee still fails to improve or if the offence, whilst falling short of gross misconduct, is serious enough to warrant only one written warning, the employee will be given a final written warning which, in addition to setting out the items listed in paragraph 15.6(b) above, will contain a statement that any recurrence will lead to dismissal or whatever other penalty is considered appropriate;

(d) In the case of gross misconduct or if all previous stages of the warning procedure have been exhausted, the employee will normally be dismissed, but only after consideration of other possible disciplinary action including (but without limitation): demotion or transfer, loss of seniority or salary increment, suspension with or without pay.

10.7 Employment may be terminated summarily (without notice) for gross misconduct. Generally this includes any breach of duty, conduct which brings the Firm into disrepute or action that is inconsistent with the relationship of fidelity required between employer and employee.

Appeals

10.9 If the employee is dissatisfied with the outcome of any stage of the above procedure, he/she may appeal in writing within 48 hours to the Senior Partner, giving details of why the penalty imposed is too severe or inappropriate or bringing forward new information.

Where possible the appeal will be considered by someone not previously involved in this case, who will give you the opportunity to attend a hearing where you will be able to put your case personally. You may be accompanied by a fellow employee or Trade Union representative to act as a witness or to speak on your behalf.

The Firm may, at its discretion, seek the involvement of an independent third party in an advisory capacity but the Firm’s decision at this stage will be final.

The result of the appeal will be notified to you within seven days of the hearing.

Disciplinary Rules

10.10 The following are non-exhaustive examples of the sort of offences which, if committed, will normally lead to formal disciplinary action being taken:

(a) Minor offences: poor job performance involving sub-standard work, poor time keeping, absenteeism or any minor breach of the Firm's regulations.

(b) Serious offences: negligence resulting in minor loss, damage or injury; failure to comply with a specific instruction; irresponsibility in relation to the Firm's employees, activities or impropriety in relation to the employee's tasks for the Firm, whether or not within working hours, which the Firm reasonably considers to be detrimental to, or conflicting with, the interests of the Firm or its clients or is likely to affect the employee's standard of work; breach of the health and safety and security rules and practices of the Firm or of its clients; failure to disclose any personal interest of the employee which conflicts with any matter of a client with which the employee is engaged; being under the influence of alcohol or drugs during working hours; or any breach of a confidence relating to the Firm or its clients' affairs.

(c) Gross misconduct: generally this includes any breach of duty, conduct which brings the Firm into disrepute or action that is inconsistent with the relationship of fidelity required between employer and employee and in particular: negligence resulting in serious loss, damage or injury; assault or attempted assault or threatening physical violence; theft, fraud, dishonesty or malicious damage to property; wilful disregard of duties or instructions relating to the employment; acts of incitement or actual acts of discrimination on the grounds of sex, race, religion, colour, ethnic origin, religious belief or sexual orientation; deliberate and serious breach of confidence relating to the Firm's or its clients' affairs; breach of the provisions of the Company Securities (Insider Dealing) Act 1985; breach of the Firm's rules forbidding the giving of investment advice by unauthorised employees; the use for personal ends of confidential information obtained by the employee in the course of his/her employment; falsification of records; conduct violating common decency, or conviction on a criminal charge relevant to the employee's employment. (In serious cases, dismissal will normally be without notice).

Authority

10.11 Minor warnings may be issued by departmental heads.

All decisions relating to serious warnings, dismissal, or any other disciplinary action will be taken by the Staff Partner.

Timescales

10.12 Warnings will normally be disregarded for disciplinary purposes after the following periods of time:

§ Minor Warnings Three months

§ Serious Warnings Six months

§ Final Warnings Twelve months

However, where a warning is issued for misconduct, any further misconduct, in relation to similar or entirely independent matters of misconduct, which occurs during or after the expiry of these periods, may be treated as a further disciplinary matter and allow the continuation of the disciplinary process.