Grievance and Disciplinary Procedure for Agency Workers

Grievance and Disciplinary Procedure for Agency Workers

1  GRIEVANCE PROCEDURE

 

1.1  The Informal Process for Raising and Resolving Grievances

1.1a  If a Temporary worker has a grievance, s/he should first endeavour to resolve the matter informally by a direct approach to and discussion with the other member(s) of staff concerned.

1.1b  A meeting should normally be convened within 5 working days.

1.1c  The Temporary worker should explain the nature of the grievance and both parties should seek a resolution. This is best achieved by means of an open and constructive discussion in which both parties are willing to understand the other’s point of view.

1.1d  The informal procedure does not preclude the parties from agreeing to meet on a second or subsequent occasion, nor, where the parties are in agreement, from approaching a third party for advice or assistance in arriving at a resolution.

1.1e  Any party may approach members of the Personnel Department for advice or guidance as appropriate.

1.1f  If the matter remains unresolved the formal procedure may be followed.

 1.2.  THE FORMAL PROCEDURE

1.2a  All parties to Formal Procedures will aim to reach a just and reasonable resolution and the operation of the procedure will be consistent with this objective, and determined by the person hearing the Grievance in each case.

1.2b  At each stage of the formal procedure, a hearing will normally be convened within 15 working days, and the Temporary Worker will be reminded of his/her right to be accompanied (See 2.3 above)

1.2c  The formal stages of the Procedure:

Stage 1. If the matter is not resolved informally, the Temporary Worker may raise the grievance with his/her Alternative Recruitment Services Ltd, Branch Manager.

Stage 2. If the matter remains unresolved following Stage 1, the Temporary Worker may raise the grievance with the Directors of Alternative Recruitment Services Ltd who will review the grievance and will confirm in writing the decision reached to those concerned and the reasons for the decision. This decision will be final.

1.2d  At each stage the person hearing the grievance will write to confirm the outcome within 10 working days. If this is not possible s/he will write to the Temporary Worker with an explanation for the delay and will indicate when a response will be given.

 

DISCIPLINARY PROCEDURE

 

2.1  INTRODUCTION

Whilst undertaking a temporary assignment with one of our customers, the temporary worker is subject to the Alternative Recruitment Services Ltd grievance and disciplinary procedure rather than that of the end customer.

The purpose of the procedure is to provide fair and consistent rules governing disciplinary matters for Alternative Recruitment Services Ltd temporary workers; the procedure is not intended to replace or remove the right to exercise day-to-day discipline and should be brought into effect only when there is a serious breach of discipline or efficiency.

Where there has been an apparent breach of disciplinary rules resulting in customer dissatisfaction, Alternative Recruitment Services Ltd cannot insist that their end customer should continue to use that temporary worker and the assignment may be brought to an immediate end. However, the outcome of the Alternative Recruitment Services Ltd’s disciplinary process may determine whether the temporary worker is allowed to continue working on any other current assignments, is considered  suitable for further work or should be removed from the Alternative Recruitment Services Ltds register.

Before disciplinary action is taken the case must have been carefully investigated. An investigation by the Customer Workplace Manager does not constitute part of the Alternative Recruitment Services Ltds Disciplinary Procedure. At all other stages within the procedure, the temporary worker should be informed of the right to be accompanied by a person of their choice. A Alternative Recruitment Services Ltds temporary worker has the right of appeal at all stages against disciplinary action.

2.2  FORMAL WARNINGS

When a disciplinary matter arises, the local Alternative Recruitment Services Ltds branch should be notified to enable the Branch Manager to establish the facts and then consult the Alternative Recruitment Services Ltds HR Adviser. Before a decision is made or penalty imposed, the temporary worker should be interviewed by Alternative Recruitment Services Ltd and given the opportunity to state his/her case. The temporary worker must be given the opportunity to be accompanied by another person of his/her choice. Only the Branch Manager of Alternative Recruitment Services Ltd (or representative) may give a warning under this procedure.

There should normally be at least two formal written warnings prior to removal from the Alternative Recruitment Services Ltd register. A final written warning may be issued in exceptional circumstances where there has been no previous warning but the temporary worker has committed a particularly serious disciplinary offence.

A written warning shall contain the following information:-

(i) A statement of the grounds for the warning,

(ii) The consequences to which the temporary worker will be liable in the event of further offence,

(iii) The temporary worker’s right of appeal and how to exercise it,

(iv) In appropriate cases, the improvement in work and/or conduct required and the time in which the improvement is to be made.

For less serious matters, informal verbal warnings may be given to temporary workers without written confirmation; these will not be part of this disciplinary procedure. For the purposes of this procedure, written warnings will be disregarded after a period of twelve months’ satisfactory work via Alternative Recruitment Services Ltd, except for final warnings which will be disregarded after a period of two years’ satisfactory work. In agreed special circumstances however, the warning may stay in force for a longer period specified by Alternative Recruitment Services Ltd.

2.3  REMOVAL FROM ALTERNATIVE RECRUITMENT SERVICES LTD REGISTER.

In the event of warning letters failing to elicit the required improvement in conduct or efficiency or in the case of a further commission of a similar act or other subsequent but different serious offence, the Director of Alternative Recruitment Services Ltd or a representative may dismiss the temporary worker from all of their current assignments and remove them from the Alternative Recruitment Services Ltd register for future work. Before a decision is made or penalty imposed, the temporary worker should, wherever practicable, be interviewed and given the opportunity to state his/her case. The temporary worker should be given the opportunity to be accompanied at the hearing by a person of his/her choice.

If an allegation of gross misconduct is brought against a temporary worker, the Branch Manager of Alternative Recruitment Services Ltd or representative will interview the temporary worker and may suspend him/her from all of their current assignments. The suspended temporary worker should be given the opportunity to state his/her case during the subsequent investigation and be accompanied by a person of their choice during any interviews relating to the case.

Gross misconduct may result in summary dismissal by the Branch Manager of Alternative Recruitment Services Ltd or a representative and removal from the Alternative Recruitment Services Ltd register. At hearings for both suspension and dismissal the temporary worker should be given the opportunity to be accompanied by a person of his/her choice.

A temporary worker who is dismissed must be informed of the right of appeal and how to exercise it. The temporary worker will receive written confirmation stating the grounds for dismissal and setting out the right of appeal and how to exercise it.

2.4  APPEALS

If at any stage in this Procedure the temporary worker wishes to exercise the right of appeal against any form of disciplinary action he/she must do so within two weeks of receipt of the warning, or in the case of notification of termination of employment on disciplinary grounds within two weeks of receipt of that notification. The appeal will be heard as soon as practicable and not later than 21 days after the appeal has been lodged, except where it is mutually agreed that this time limit be waived. Appeals against warnings, dismissal or removal from the Alternative Recruitment Services Ltd register will be considered by the Director of Alternative Recruitment Services Ltd or a representative. In the event of an appeal being upheld, the Appeal Body will determine what should happen to the documentation relating to the case.