BTC Code of Conduct and Ethics Booklet V5.0 Page 24 of 33 Dec 2023 shortcomings are, what is expected and the consequences of not addressing these conduct issues. A verbal warning should be issued and note of the discussion should be kept on file. 7.2 Where informal action fails to bring about the necessary improvement or the issues are more serious, then the formal stages of this policy will be followed. 8 FORMAL PROCESS 8.1 The formal stages of the Disciplinary procedure are based upon a graduated system of warnings with more serious sanctions being applied where poor conduct is repeated. The stages are listed below. The seriousness of the offence may result in stages in the process being missed out. An instructor/employee will not usually be dismissed for a first breach of discipline. However, in cases of serious or gross misconduct an employee may be dismissed without having had any prior formal warnings. 8.2 When deciding whether a disciplinary sanction is appropriate and what form it should take the following factors will be taken into account: the instructor’s/employee’s disciplinary and general work record, length of service, the explanation given by the instructor/employee (including mitigating circumstances), actions taken in any previous similar case and whether the intended disciplinary action is reasonable in the specific circumstances of the case. Actions which may be taken include: • First Written Warning The warning will normally be current for 12 months and may be taken into consideration in any future disciplinary action. This would generally be for first offence of misconduct. • Final Written Warning The warning will normally be current for 18 months and may be taken into consideration in any future disciplinary action. • Dismissal This would be for the recurrence or accumulation of offence/offences or for gross misconduct. 8.3 The length of warning may be amended depending on the circumstances. No warning should be issued without an investigation and a hearing. Formal warnings should state clearly the reasons for the warning, identify any actions, the consequences of further misconduct and the length of time the warning is to be retained on file. 9 OTHER ACTION It is possible that the outcome of a hearing may be that no further action is necessary because there is no case to answer. This is likely to be an unusual outcome as it should be apparent before a Hearing is organised whether there is sufficient evidence to justify a Hearing. 10 EXPIRY OF WARNINGS 10.1 At the end of the warning period all reference to the warning will be removed from the personnel file and destroyed. If there is further misconduct during the warning period which results in another warning being issued, the previous warning will remain on file until the expiry of the subsequent warning.
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