Reasons for this Code

2.1 The aim of this code is to promote fairness in the treatment of individuals and thereby assist in maintaining good industrial relations. It is also intended to assist in maintaining satisfactory standards of performance and behaviour by providing a method of dealing with lapses of behaviour or other shortcomings by individuals that is fair, and seen to be fair.

2.2 Because it is important that all members of the SJIB know and understand what standards of performance and behaviour are expected of them, all employers will ensure that a copy of this code is available to their employees.  It is understood by the SJIB that this code meets the requirements of the Employment Rights Act 1996, and other relevant legislation and associated codes of practice such as those published by ACAS.

2.3 The purpose of discipline is to make an individual aware of any shortcomings and to provide an opportunity for improvements to be made.  It is recognised that, for the individual, the loss of his job is a serious situation and dismissal is the last resort of the employer if an employee has failed to respond to earlier warnings, or has committed a serious misdemeanour.  Consequently, it is important that any dismissal is fair and reasonable in the circumstances.  All members of the SJIB will use the industry’s disputes procedure to resolve any grievances.

2.4 Dismissal and disciplinary action will be taken as appropriate in the types of circumstances referred to in this code.  In certain circumstances the consequence of unsatisfactory conduct may be that the employment is terminated.  In most cases, dismissal will only follow earlier warnings and dismissal will be with notice. 

In the most serious of cases, dismissal may result from serious conduct without an earlier warning and, in certain cases, notice may not be provided.  The type of conduct that justifies summary dismissal is referred to in Section 5.9.  An employee may be suspended with or without pay, pending any investigation into an incident which may lead to a disciplinary hearing and a disciplinary sanction.  Suspension without pay may accompany a final warning as a final disciplinary measure prior to dismissal.

Note:
Employers can only suspend with or without pay if this is clearly stated in the Employment Contract.