SUUM.Studio Complaints and Disciplinary Procedure

1. Purpose and Scope

This procedure ensures that all employees maintain high standards of conduct, attendance, and performance. It applies to all employees, including temporary, freelance, and contractual staff, ensuring fair and consistent treatment across the organisation.

This policy is governed by Scots Law and applies to all employees working in Scotland.

2. Principles

• Informal resolution will be considered first where appropriate.

• Full investigation will take place before disciplinary action is decided.

• Employees will be informed of the complaint and have the opportunity to respond before any disciplinary decision is made.

• Written evidence and witness statements will be provided in advance of formal meetings.

• Employees may be accompanied by a trade union representative or colleague at all stages.

• No employee will be dismissed for a first offence, except in cases of gross misconduct.

• Employees have the right to appeal against disciplinary action.

• The organisation reserves the right to begin the procedure at any stage depending on the severity of misconduct.
  

3. Disciplinary Procedure

Stage 1: Initial Formal Action

This may include:

• Improvement Notice (for performance issues): Outlining required improvements, timescales, and support available. Failure to improve may lead to further action.

• First Written Warning (for misconduct): Detailing the nature of misconduct, required behaviour change, and possible escalation to a final warning if no improvement occurs.

Stage 2: Final Written Warning

If misconduct continues or the issue is serious enough, a final written warning will be issued, including:

• Details of the issue

• Required improvements and timescales

• A warning that failure to comply may lead to dismissal or alternative sanctions
  

Stage 3: Dismissal or Alternative Sanctions

If there is no improvement or further misconduct occurs, possible actions include:

• Dismissal (only authorised by a senior manager)

• Demotion, suspension, or transfer (where permitted under the contract)

• Employees will receive written reasons for the decision and details of their right to appeal.
  

4. Gross Misconduct

Examples of gross misconduct include but are not limited to:

• Theft, fraud, or deliberate damage to property

• Physical violence, bullying, or harassment

• Serious insubordination or breaches of confidentiality

• Bringing the organisation into serious disrepute

• Misuse of company property, systems, or name

• Serious breaches of health and safety

• Incapability at work due to alcohol or drugs

Employees accused of gross misconduct may be suspended on full pay for up to five working days while an investigation is conducted. If gross misconduct is confirmed, the result may be summary dismissal without notice or payment in lieu of notice.

5. Appeals Process

Employees must submit an appeal in writing within five working days of a disciplinary decision. A senior manager will hear all appeals, and their decision will be final. Appeals may result in:

• Reconsideration of disciplinary action

• Revocation or amendment of sanctions

This policy is aligned with Scots Law, including the Employment Rights Act 1996, the Equality Act 2010, and relevant Scottish employment regulations, ensuring full compliance and protection for both the organisation and employees.

Document updated 2025