Disciplinary Procedure

General Principles

The aim of the Disciplinary Procedure is to set out the standards of behaviour and conduct expected of all staff. This procedure provides a clear framework for addressing issues relating to conduct, performance and attendance and to encourage improvement where necessary in a fair and consistent manner. This procedure does not form part of your employment contract, and we may update it at any time.

This procedure applies to all employees of 8build, irrespective of an employee’s job level or grade. This procedure does not apply to agency staff and self-employed contractors.

All matters relating to disciplinary procedures are to be treated with the utmost confidentiality. Information regarding any disciplinary action should only be disclosed to those directly involved in the process. Unauthorised disclosure of such information may result in further disciplinary action.

Minor Conduct, Performance or Attendance Issues

Minor conduct, performance, or attendance issues should initially be addressed informally, depending on the severity of the issue. The goal is to resolve these matters promptly and effectively without resorting to formal disciplinary procedures.

Informal Action Plan

The first stage in addressing minor issues is through an Informal Action Plan (IAP). This plan seeks to address any early signs of potential issues with an employee’s performance, conduct or attitude by:

  • Clearly defining and identifying the specific conduct, performance, or attendance issue that needs improvement.
  • Setting and communicating clear expectations of the expected standards and behaviours.
  • Providing support or offering guidance, training, or resources to encourage improvement.
  • Establish a timeline for reviewing progress and provide regular feedback to achieve a conclusive result.

Should the Informal Action Plan prove to be unsuccessful in resolving the issue, it may be necessary to escalate the matter to a more formal stage. This could involve the implementation of either a Management Action Plan (MAP) or a Performance Improvement Plan (PIP), depending on the nature and severity of the issue.

Management Action Plan

A Management Action Plan is the initial step in formally addressing an employee’s conduct or attendance issues. This plan is designed to facilitate the improvement of these issues through structured guidance and support by:

  • Establishing well-defined and attainable goals to enhance conduct or attendance.
  • Defining specific actions that must be taken to meet the required goals.
  • Providing additional support, training, resources, or mentoring to assist improvement.
  • Setting a defined period for evaluating conduct or attendance against the goals.
  • Assessing the outcomes at the end of the evaluation period and determining next steps, which may include further support or formal disciplinary action.

Performance Improvement Plan

A Performance Improvement Plan is the initial step in formally addressing an employee’s performance issues. This plan is designed to facilitate the improvement of these issues through structured guidance and support by:

  • Establishing clear, achievable performance goals and metrics.
  • Defining specific actions that must be taken to meet the performance goals.
  • Providing additional training, resources, or mentoring to assist improvement.
  • Setting a defined period for evaluating performance against the goals.
  • Assessing the outcomes at the end of the evaluation period and determining next steps, which may include further support or formal disciplinary action.

In the event that a Management Action Plan or Performance Improvement Plan does not successfully resolve the issue, it may become necessary to escalate the matter to formal disciplinary action.

Please be advised that any management action plan or performance improvement plan may be retained on file for a period of up to 12 months.

Investigation

The purpose of an investigation is to establish a fair and balanced view of the facts concerning any disciplinary allegations against you, prior to determining whether to proceed with a disciplinary hearing. Investigative interviews are conducted solely for the purpose of fact-finding, and no decision regarding disciplinary action will be made until after a disciplinary hearing has been held.

You are required to cooperate fully and promptly with any investigation. This includes providing the names of any relevant witnesses and disclosing any pertinent documents to us.

Suspension

In certain circumstances, it may be necessary to suspend you from work while the investigation is ongoing. Suspension is not a disciplinary action and does not imply any assumption of guilt. It is a precautionary measure to ensure a fair and thorough investigation.

During the suspension you will receive full basic salary and benefits during the period. Throughout this period, you must stay away from work, not visit any company premises or make contact with colleagues, clients, suppliers or contractors unless this is authorised in writing to you. If you wish to contact somebody specifically to ask them to be a witness, or to accompany you at a meeting under this policy, then you may do so without using us first.

If pre-approved holidays fall during a period of suspension, they will still count as holiday leave and will be deducted from your holiday entitlement as normal, unless otherwise agreed at the company’s discretion.

Criminal Charges

In the event that your conduct becomes the subject of a criminal investigation, charge, or conviction, we will conduct a thorough investigation of the facts before determining whether to initiate formal disciplinary action.

We will not typically wait for the outcome of any prosecution before deciding on the appropriate course of action, if any.

A criminal investigation, charge, or conviction related to conduct outside of work may also be considered a disciplinary matter if it is deemed relevant to your employment.

Your Right To Be Accompanied

You are entitled to be accompanied by an 8build colleague or a trade union representative at both any investigation meetings and disciplinary hearings. If you want to exercise this right, you should tell us as soon as possible who you want to accompany you.

Your 8build colleague or union representative can:

  • Present the case on your behalf.
  • Respond to any comments or points made at the meeting.
  • Talk with the employee during the hearing.
  • Take notes.
  • Provide a summary of your case at the end of the meeting.

Your 8build colleague or union representative can’t:

  • Answer questions on your behalf.
  • Disrupt the meeting.

You, and anyone accompanying you, including witnesses, must not make electronic recordings of any meetings or hearings conducted under this procedure.

Procedure

Notification Of A Hearing

Following any investigation, if we consider there are grounds for disciplinary action, you will be required to attend a disciplinary hearing. We will inform you in writing of the allegations against you, the basis for those allegations, and what the likely range of outcome will be if we decide after the hearing that the allegations are true.

We will give you written notice of the date, time and place of the disciplinary hearing and who the hearing will be chaired by. The hearing will be held as soon as reasonably practicable, but you will be given a reasonable amount of time to prepare your case based on the information we have provided you.

If you are unable to attend the hearing on the scheduled date, you must inform us as soon as possible. We will consider your request to reschedule and, if reasonable, arrange an alternative date. Please note that any request for rescheduling should be accompanied by a valid reason and supporting documentation if applicable.

Right To Be Accompanied

You are entitled to be accompanied by a colleague from 8build or a trade union representative at any hearing or appeal hearing. You are advised to notify the chair of the hearing or appeal in advance if you intend to be accompanied by someone, wish to present your own witness, or have documents or other evidence you plan to submit.

The specific roles and limitations of a representative have been outlined earlier in this procedure; please refer to that section for further details.

Disciplinary Hearings

If you fail to attend a disciplinary hearing without good reason or are unable to do so (for example for health reasons) on two or more occasions, we may have to take a decision based on the available evidence.

At the disciplinary hearing, the chairperson will introduce the participants and explain the purpose of the hearing. The chairperson will then present the allegations that have been made against you and the supporting evidence gathered. You will have the opportunity to respond to the allegations, present your own evidence, and call any witnesses if necessary. Both parties may ask questions and seek clarification on any points raised.

After both parties have presented their cases, the chairperson may need to adjourn the hearing to review the evidence and render a decision. This decision may necessitate further investigation, such as re-interviewing witnesses in light of any new points raised during the hearing.

Alternatively, it may involve disciplinary actions, such as issuing a warning, suspension, or termination, depending on the severity of the misconduct or performance issues.

The outcome of the hearing will be communicated to the employee in writing, detailing the decision and any actions to be taken. Where possible we will also explain this information to you in person.

You will also be informed of your right to appeal the decision if you believe it to be unjust.

Disciplinary Penalties

The standard penalties for misconduct and poor performance are outlined below. No penalty shall be imposed without a formal hearing. We strive to treat all employees fairly and consistently; however, each case will be assessed on its own individual merits.

Stage One – First Written Warning

A first written warning may be issued and is typically appropriate for an initial act of misconduct or poor performance, provided there are no other active written warnings on your disciplinary record. This warning may remain in effect for up to twelve months from the date you are notified of the decision. After this period, it will be removed from your file.

Stage Two – Final Written Warning

A final written warning may be issued and is typically appropriate if there is:

  • An active first written warning on your record and you are involved in further misconduct or poor performance.
  • A serious case of misconduct or poor performance, we may issue a final written warning without first issuing a first written warning.

In either case, the final written warning may remain in effect for up to twelve months from the date you are notified of the decision. After this period, it will be removed from your file.

Stage Three – Dismissal

You may be dismissed as a result of disciplinary action. Dismissal is typically appropriate for:

  • An active final written warning against you and you are involved in further misconduct or poor performance, you may be dismissed.
  • Conduct or poor performance, which, whilst not amounting to gross misconduct or negligence, is serious enough to justify dismissal with notice.
  • Any gross misconduct or negligence regardless of whether there are active warnings on your record. Gross misconduct or negligence will usually result in immediate dismissal without notice or payment in lieu of notice (summary dismissal).

How 8build Defines Gross Misconduct & Misconduct

Gross Misconduct

The following list gives examples of what we would normally regard as gross misconduct likely to lead to summary dismissal. This list is non-exhaustive and should be referred to as a guide.

  • Dishonesty.
  • Failure to comply with relevant statutory or regulatory requirements.
  • Serious insubordination.
  • Theft or deliberate damage to company property.
  • Refusal to carry out duties or to follow reasonable instructions.
  • Rudeness to customers or colleagues in the presence of customers.
  • Being under the influence of alcohol or illegal drugs at work.
  • Possession, custody, or control of illegal drugs on our premises.
  • Any action likely to bring 8build into disrepute.
  • Breach of health and safety rules which endanger the health and safety of others.
  • Undisclosed conflict of interest.
  • Failure to disclose correct information on your application form.
  • Serious breach of our policies or rules.
  • Serious negligence which causes unacceptable loss, damage or injury.
  • Violent, dangerous or intimidating conduct.
  • Indecent or immoral acts.
  • Discrimination or harassment (including bullying) of any member of staff.
  • Involvement in bribery or corruption in any way whatsoever.
  • A failure to report a reasonable suspicion held by the employee of bribery or corruption affecting 8build whether it involves the employee or another employee.

Misconduct

The following list gives examples of what we would normally regard as misconduct. This list is non-exhaustive and should be referred to as a guide.

  • Minor breaches of company policy.
  • Minor breaches of your employment contract.
  • Unauthorised use of, or damage to, company property.
  • Absence from work that has not been authorised.
  • Poor attendance and timekeeping.
  • Refusing to follow instructions, where it is not serious enough to be gross misconduct.
  • Using obscene language or otherwise behaving offensively.
  • Being careless when carrying out your duties.
  • Smoking in areas where smoking is not allowed.

Alternatives to Dismissal

In some cases, we may at our discretion consider alternatives to dismissal. These will usually be accompanied by a final written warning. Examples include:

  • Demotion.
  • Transfer to another department or job.
  • A period of suspension without pay.
  • Reduction in pay.
  • Loss of other benefits.

Appeals Against Disciplinary Action

If you feel that disciplinary action taken against you is wrong or unjust you should appeal in writing to a director, stating your full grounds of appeal, within five working days of the date on which you were informed of the decision.

If you are appealing against dismissal, the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However, if your appeal is successful, you will be reinstated with no loss of continuity or pay.
We will give you notice of the date, time and place of the appeal hearing.

Where possible, the appeal hearing will be conducted impartially by an appropriate senior manager who was not previously involved in the case.

Following the appeal hearing we may:

  • Confirm the original decision.
  • Revoke the original decision.
  • Substitute a different penalty, which may be more severe than the original penalty.

We will inform you in writing of our final decision as soon as possible. There will be no further right of appeal.

For and on behalf of 8build Limited
Lesley Hammond, HR & Finance Director
July 2025