Trueline Employee Handbook

10.

STAGE 3 HEARING: DISMISSAL OR REDEPLOYMENT

10.1

We may decide to hold a Stage 3 capability hearing if we have reason to believe:

(a) your performance has not improved sufficiently within the review period set out in a final written warning;

(b) your performance is unsatisfactory while a final written warning is still active; or

(c) your performance has been grossly negligent such as to warrant dismissal without the need for a final written warning.

We will send you written notification of the hearing as set out in paragraph 5.

10.2

Following the hearing, if we find that your performance is unsatisfactory, we may consider a range of options including:

(a) Dismissing you.

(b) Redeploying you into another suitable job at the same or a lower grade.

(c) Extending an active final written warning and setting a further review period (in exceptional cases where we believe a substantial improvement is likely within the review period).

(d) Giving a final written warning (where no final written warning is currently active).

10.3

The decision may be authorised by the General Manager or a Director.

10.4

Dismissal will normally be with full notice or payment in lieu of notice, unless your performance has been so negligent as to amount to gross misconduct, in which case we may dismiss you without notice or any pay in lieu.

11.

APPEALS AGAINST ACTION FOR POOR PERFORMANCE

11.1

If you feel that a decision about poor performance under this procedure is wrong or unjust you should appeal in writing, stating your full grounds of appeal, to Luke Wellings within one week of the date on which you were informed in writing 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. If you raise any new matters in your appeal, we may need to carry out further investigation. If any new information comes to light we will provide you with a summary including, where appropriate, copies of additional relevant documents and witness statements. You will have a reasonable opportunity to consider this information before the hearing.

11.2

11.3

11.4

We will give you written notice of the date, time and place of the appeal hearing. This will normally be two to seven days after you receive the written notice.

11.5

The appeal hearing may be a complete re-hearing of the matter or it may be a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light. This will be at our discretion depending on the circumstances of your case. In any event the appeal will be dealt with as impartially as possible. Where possible, the appeal hearing will be conducted by a more senior manager who has not been previously involved in the case. You may bring a companion with you to the appeal hearing (see paragraph 6).

11.6

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