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Disciplinary Procedure

Here at ROCKET RESTAURANTS T/A MCDONALDS, we don’t expect everyone to be perfect – but we
do expect you to take pride in your work and treat each other and our customers, suppliers and
couriers with respect. We trust that you’ll want to always meet the high standards of conduct
expected of you. But if your conduct falls below our expectations, we’ll discuss the issue with you in a
fair way. Wherever we can, we’ll try to resolve problems in the workplace informally but if it is serious
or repeated, we’ll take formal action. This procedure applies to all our salaried operations people at
all levels in our restaurants, including our operations hierarchy based in our offices, and will be
reviewed at regular intervals to monitor its effectiveness.

This procedure is also available to our franchisees, contractors, suppliers and couriers to view.

Crucial Bits
The Disciplinary Procedure comprises two phases as follows:

• Investigation - the purpose of which is to gather all of the information, not to come to any
conclusions or make any decisions
• Disciplinary meeting - the purpose of which is to review all of the information, review possible
disciplinary outcomes and make a decision

You may be suspended whilst this investigation takes place.

General Information
Suspension
Sometimes we may decide to suspend you on full pay while we investigate allegations. We’ll only do
this where we feel it’s reasonable to do so in order to protect you, other employees and/or our
business. This is particularly so where those allegations are serious, for example:

• There is a potential threat to the business or other employees, or


• It is not possible to properly investigate the allegation if an employee remains at work (for
example an attempt to destroy evidence or to influence, pressurise or assault witnesses)

If you are suspended you should not visit our restaurants, offices or other premises or contact any of our
employees or customers, unless you have been told that you can do.

Suspension doesn’t mean we’ve made any decisions about what may have happened. We’ll always
tell you why we’re suspending you, and we will make sure this time is as short as possible. We may
invite you to meetings while you’re suspended.

In certain cases where formal disciplinary action is not appropriate, we may suspend you without pay
for the shift or remaining part of the shift instead as a way to deal with an incident. However, if it is
deemed necessary and the conduct is deemed serious, we may look to investigate this further.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
Minor conduct issues
Minor conduct issues can often be resolved informally between you and your manager. These
discussions should be held in private and without undue delay whenever there is cause for concern.
Where appropriate, a note of any such informal discussions may be placed on your personnel file but
will be ignored for the purposes of any future disciplinary hearings. In some cases an informal
reprimand may be given, which will not form part of your disciplinary records. Formal steps will be
taken under this procedure if the matter is not resolved, the conduct persists, or if informal discussion
is not appropriate (for example, because of the seriousness of the allegation).

Investigation Meeting
The purpose of the investigation meeting is to gather all of the information but not to come to any
conclusions or make any decisions.

We expect you to attend at the time we set, but if you or your chosen representative can’t make it,
contact your manager, letting them know dates and times you can make and they’ll try to rearrange
it for a time that works for everyone. If you don’t or can’t attend a meeting which is re-arranged, then
we will proceed to the next stage of the process, which will be to attend a disciplinary meeting.

Right to be accompanied
Informal meeting
There’s no specific right to be accompanied by a trade union representative* or a Company employee

Investigation meeting
There’s no specific right to be accompanied by a trade union representative* but you can be
accompanied by a fellow employee of your choice (within reason)

Disciplinary meeting
You can be accompanied to a disciplinary meeting by a trade union representative* or another
Company employee of your choice (within reason)

If however you need specific support at a meeting because you, for example, have particular medical
needs, please let the person conducting the meeting know.

* A Trade Union Official must be either a full time officer employed by a Trade Union or have been reasonably
certified in writing by the union as having received training in, acting as an employee’s companion at grievance
hearings. Written confirmation of any necessary certification will be required prior to the start of any hearing.

Disciplinary Meeting
The purpose of the disciplinary meeting is to review all of the information, consider whether further
information is required, review possible disciplinary outcomes and make a decision.

If you are invited to attend a formal disciplinary meeting to talk about the issue, you will receive a
letter. You’ll always get at least 24 hours’ notice in writing of any disciplinary meeting. The disciplinary
process will be led by a different manager to the one that conducted the investigation.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
You can be accompanied to a disciplinary meeting by a trade union representative* or another
Company employee of your choice (within reason). If however you need specific support at a meeting
because you, for example, have particular medical needs, please let the person conducting the meeting
know.

We expect you to attend at the time we set, but if you or your chosen representative can’t make it,
contact your manager, letting them know dates and times you can make and they’ll try to rearrange
it for a time that works for everyone. If you don’t or can’t attend a meeting which is re-arranged, a
decision may be made in your absence.

We don’t allow disciplinary meetings to be recorded on any device – but we’ll take detailed notes
which you’ll get the chance to review and we’ll give you a copy after the meeting.

The outcome of the meeting may mean you are issued with a disciplinary sanction, up to dismissal, if
the alleged misconduct warrants it.

Our aim is to deal with disciplinary matters sensitively and with due respect for the privacy of any
individuals involved. All employees must treat as confidential any information communicated to them
in connection with an investigation or disciplinary matter, unless on the very rare occasion it is
necessary to share such information with a relevant third party such as the police or other regulatory
body. In harassment cases, we may also let an employee who has complained about your behaviour
know that disciplinary action has been taken against you so as to address concerns they may have.

The Company reserves the right to skip or amend any stage of the procedure if it considers it
appropriate.

You will be given an explanation of the disciplinary action taken and have the right to see the evidence
against you prior to any disciplinary meeting / decision.

You will normally be told the names of any witnesses whose evidence is relevant to disciplinary
proceedings against you, unless we believe that a witness's identity should remain confidential or any
part of their evidence should remain confidential.

Disciplinary action
Depending on the outcome of the disciplinary meeting, the seriousness of the behaviour and whether
you already have a live disciplinary warning, there are various levels of action we can take.

Informal Action
Caution / Reprimand
If it is not appropriate to issue a formal disciplinary warning, e.g. for a first instance of lateness. In
these cases, a verbal reprimand will be given but details will be noted in your personnel file.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
Formal Disciplinary Action
First Written Warning
A First Written Warning for misconduct will be issued and details noted on your discipline record on
MyStuff 2.0 and in your personnel file.

Final Written Warning


A Final Written Warning will occur when:
• the First Written Warning has been disregarded by the employee and there is further
misconduct
• the misconduct is serious enough to merit a Final Written Warning itself

You will be issued a Final Written Warning which will state that if any misconduct occurs again or your
behaviour fails to improve, it could lead to dismissal. Details of Final Written Warnings will be noted
on your discipline record on MyStuff 2.0 and in your personnel file.

Disciplinary Transfer, Redeployment, Demotion or Dismissal


Disciplinary Transfer / Redeployment
Where a Final Written Warning has been disregarded by an employee and misconduct occurs again,
or further serious misconduct occurs, dismissal is the likely next step. However in certain
circumstances, an alternative step might be a disciplinary transfer or redeployment to another
restaurant or department and/ or demotion.

It is unlikely that a transfer or redeployment would be considered an appropriate outcome in cases of


bullying and harassment, in particular sexual harassment, except in very exceptional cases.

Disciplinary Demotion
Demotion is likely to result in the appropriate reduction in salary and benefits to correspond with the
grade following demotion. Demotion or disciplinary transfer, together with a Final Written Warning,
may in some circumstances be considered an appropriate sanction as an alternative to dismissal. It
should be noted that in situations where an employee voluntarily requests a demotion, they must
support their request in writing at the time. Once agreed, the manager will provide written
confirmation of the demotion for the employee and confirm any changes to salary and benefits.

Dismissal
Except in the case of gross misconduct, dismissal will be with appropriate notice. The Company may
decide to make a payment in lieu of notice (subject to income tax and National Insurance deductions)
and an employee will not be required to work their notice.

First written warnings will no longer be live after six months and final written warnings after 12 months.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
Managed Moves
In exceptional circumstances a Managed Move may be considered following a disciplinary where an
allegation was not upheld. For more information on Managed Moves, please refer to the Managed
Moves Policy.

Examples of misconduct which may lead to a caution and/or


disciplinary action
This list is not intended to be exhaustive. They are not listed in any particular order:

• Insubordination and failure to obey instructions or perform work as required or defined


• Neglect or carelessness which results in the loss, theft, damage, or destruction of the property
of the Company or any other person
• Habitual lateness or absence without authority
• Failure to maintain standards of production
• Failure to observe security rules
• Failure to report personal injuries immediately to a manager
• Using obscene, vile or abusive language to fellow employees
• Unprofessional conduct with respect to other employees or customers or their personal data
• Abuse of the Company Car Policy and/or negligent driving
• Failure to complete the Daily Product Safety Checklist
• Conducting personal affairs/other business without authorisation whilst working
• Inaccurate counting or reporting
• Entering into external service contracts without the prior authorisation of the relevant
reporting manager
• Minor breach of the Company’s policies or procedures

Zero tolerance to discrimination and harassment


We’re committed to a zero tolerance stance towards all discrimination, harassment (including sexual
harassment) and victimisation. Our zero tolerance approach is focused on matters relating to
protected characteristics: age, disability, gender reassignment, marital or civil partner status,
pregnancy or maternity, race (including colour, nationality, ethnic or national origin), religion or belief,
sex or sexual orientation.

To find out more about unacceptable behaviours around protected characteristics please read our
Anti-Bullying & Harassment Policy, Respect in the Workplace Policy and our Diversity and Inclusion
Policy.

Whenever we see or are made aware of behaviours that either discriminate or harass or victimise
relating to protected characteristics we will deal with them:
o We will investigate all claims of discrimination, harassment (including sexual harassment) and
victimisation whether the complaint comes from a leaver, suppliers (including couriers),
customer or employee, inside or outside of the workplace

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
o Where we have reasonable belief that gross misconduct has happened, the likely outcome
will be dismissal and we will not accept length of service or the fact that this is the first time
it has happened as mitigation to dismissal.

Examples of gross misconduct likely to result in dismissal


Gross misconduct that is likely to lead to dismissal is generally any serious misconduct that is
detrimental to the good conduct of the Company’s business or any discrimination or harassment, in
particular relating to protected characteristics. The following are examples of serious misconduct that
is likely to lead to summary dismissal, i.e. dismissal without notice or payment in lieu of notice. The
list is not intended to be exhaustive. They are not listed in any particular order:

• Any act of dishonesty or violence (threatened or actual)


• Any act of sexual harassment or victimisation of someone who rejects any sexual advances
• Harassment, victimisation, discrimination against and/or bullying any employee, supplier,
courier or customer including on the basis of sex, age, marriage / civil partnership, sexual
orientation, disability, gender reassignment, pregnancy and maternity, race, religion or belief
• Abuse of your power such as bullying or harassing an employee junior to you, or coercing
them to do something they do not want to do, or victimising them or treating them differently
because they won’t do the things you want them to do
• Any act of cyber-bullying or harassment including those involving sharing images, illegal
content, impersonating someone, emailing an embarrassing or humiliating image or recording
of someone, posting it on social media, or forwarding it onto others, or threats of a physical
or sexual nature
• Fraudulent completion of Company accounts, inventories, accruals and/or other documents
(for example expenses claim eform)
• Fraudulent completion of employee satisfaction surveys
• Damaging, destroying or removing without permission Company equipment, or that of fellow
employees
• Fraudulent use of an Employee Discount App and site, the MyMcDonalds Reward’s
Programme or any other Company benefit
• Making statements or disclosing to any person, including press, radio, television and media
representatives, any information relating to the Company, its business or affairs, its customers
or finances, or any of its trade secrets at any time during the continuance of your employment
(except so far as may be necessary during the ordinary course of your employment)
• Conviction of a criminal offence deemed by the Company to be serious
• Gross unprofessional conduct with respect to other employees or customers or their personal
data
• Using obscene, vile, abusive or threatening language to customers
• Reporting for work under the influence or using, possessing, receiving, consuming, dealing,
selling alcohol and/or drugs on the premises. This will not apply in the case of medicines
prescribed by a medical practitioner
• Assaulting or injuring any employee or customer or threatening or attempting to do the same
• Falsifying an application form or giving false information relating to your employment
(including for the avoidance of doubt your immigration status and right to work in the UK)
• Failure to comply with the required document checks of a prospective or current employee’s
right to work in the UK as stipulated in the Company’s Right to Work in the UK Policy. This

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
shall include but is not limited to a failure to carry out the checks correctly or carrying out the
checks negligently
• Allowing an employee to work in contravention of their visa restrictions. This shall include but
is not limited to scheduling an employee on a student visa to work over the maximum number
of hours per week as stipulated in their visa
• Failure to comply with the McDonald’s Data Protection Policy, IT Acceptable Use Policy or the
Remote Working Policy
• Misuse of or failure to safeguard personal data relating to colleagues, customers or other work
contacts
• Bringing or potentially bringing the Company into serious disrepute
• Accepting / offering bribes
• Breach of trust and confidence
• Abuse or failure to follow any of the Company’s policies or procedures
• Victimisation of employees making a disclosure under the Whistleblowing Procedure
• Activity on social networking sites (such as Facebook or Twitter), including on personal
devices, which, in the Company’s reasonable opinion, could damage the reputation of the
Company or any of its employees, customers, and suppliers in breach of the Company’s Social
Media Policy
• Inappropriate behaviour at Company organised work or social functions

Appeal Procedure
If you receive a disciplinary warning or you are dismissed, we will also inform you in writing after the
meeting. We do aim to do this within 14 days of your meeting. We will reconfirm the reason behind
the warning or our decision to dismiss you, how the decision was reached along with your termination
date and notice if applicable.

If you think our decision is unfair or the penalty is too harsh, you can appeal by emailing
victoria.oconnor@uk.mcd.com within 5 days of the date that is on your letter. You have to tell us why
you think what we have done is unfair or too harsh – this could include perceived unfairness of the
action, the severity of the penalty, new evidence coming to light or procedural irregularities.

These grounds will be considered when deciding the extent of a new investigation and/or rehearing.
Appeals will be dealt with as promptly as possible taking into account operational requirements.

You’ll be invited to the appeal meeting and we aim to get a decision to you within 14 days of that
meeting. The decision made at appeal will be final.

Assistant Managers
There is one level of appeal to a member of the Operations hierarchy, at least one level above the person
who took the original disciplinary action.

Business Managers
There is one level of appeal to a member of the hierarchy, at least one level above the person who took
the original disciplinary action. This, where possible, would usually be conducted by either a Supervisor,
Director of Operations. In some circumstances, it may be necessary for a Franchisee to hear the appeal.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
Following the appeal hearing we may:

• confirm the original decision; or


• revoke the original decision

It should be noted that in situations where an employee voluntarily requests a demotion, they must
support their request in writing at the time. Once agreed, their manager will also provide written
confirmation of the demotion and confirm the relevant changes to salary and associated benefits.

Criminal Behaviour
Where your conduct is the subject of a criminal investigation, charge or conviction, we will investigate
the facts before deciding whether to take formal disciplinary action. We will not usually wait for the
outcome of any prosecution before deciding what action, if any, to take. Where you are unable or
have been advised not to attend a disciplinary hearing or say anything about a pending criminal
matter, we may have to take a decision based on the available evidence.

A criminal investigation, charge or conviction relating to conduct outside work may be treated as a
disciplinary matter if we consider that it is relevant to your employment.

Grievance Procedure
The Company realises that from time to time you may have work related problems or concerns about
your work, working environment or working relationships that you wish to raise and have addressed.
The Grievance Procedure provides a mechanism for problems that cannot be resolved through
informal discussions with your manager. If you feel you have such a problem and have attempted to
get it resolved through informal methods, you should follow the formal grievance procedure outlined
below.

It is normally anticipated that informal grievances will be resolved by a one to one discussion between
you and your manager.

General Points
• Formal grievances should be made in writing to your Business Manager or Franchisee
• For Assistant Managers, where the grievance involves your manager, the matter should be
dealt with by an Away Business Manager or Wellbeing and Culture Manager
• In certain cases, the Company may consider it appropriate for a different or more senior
manager than listed above to hear your grievance

Your grievance will be investigated, and a grievance hearing will be held as promptly as possible. At
this point, you have the right to be accompanied by a Company employee of your choice (within
reason) or by a Trade Union Official*. If however you need specific support at a hearing because you,
for example, have particular medical needs, please let the person hearing your grievance know.

Our aim is to deal with grievance issues sensitively and with due respect for the privacy of any

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
individuals involved. All employees must treat as confidential any information communicated to them
in connection with an investigation or grievance matter. All documents, statements and records will
be kept confidential unless on the very rare occasion it is necessary to share such information with a
relevant third party such as the police or other regulatory body. You will be advised of the outcome
as soon as possible.

This Grievance Procedure should not be used to complain about dismissal or disciplinary action. If you
are dissatisfied with any disciplinary action, you should submit an appeal under the Disciplinary
Procedure.

We have a separate Anti-harassment and Bullying Policy that may be useful if you have been the victim
of bullying or harassment in the workplace or wish to report an incident of bullying or harassment
involving other people.

We also operate a separate Whistleblowing Policy to enable employees to report illegal activities,
wrongdoing or malpractice. However, where you are directly affected by the matter in question, or
where you feel you have been victimised for an act of whistleblowing, you may raise the matter under
this Grievance Procedure.

* A Trade Union Official must be either a full time officer employed by a Trade Union or have been reasonably
certified in writing by the union as having received training in, acting as an employee’s companion at grievance
hearings. Written confirmation of any necessary certification will be required prior to the start of any hearing.

Raising grievances informally


Most grievances can be resolved quickly and informally through discussion with your manager. If you
feel unable to speak to your manager, for example, because the complaint concerns him or her, then
you should speak informally to a more senior manager. If this does not resolve the issue, you should
follow the formal procedure below.

Formal written grievances


If your grievance cannot be resolved informally you should put it in writing and submit it to your
manager indicating that it is a formal grievance. If the grievance concerns your manager, you may
submit it to a Supervisor or your Franchisee instead.

The written grievance should contain a brief description of the nature of your complaint, including any
relevant facts, dates, and names of individuals involved. In some situations we may ask you to provide
further information.

Investigations
It may be necessary for us to carry out an investigation into your grievance. The amount of any
investigation required will depend on the nature of the allegations and will vary from case to case. It
may involve interviewing and taking statements from you and any witnesses, and/or reviewing
relevant documents.

You must co-operate fully and promptly in any investigation. This may include informing us of the
names of any relevant witnesses, disclosing any relevant documents to us and attending interviews,
as part of our investigation.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
We may initiate an investigation before holding a grievance meeting where we consider this
appropriate. In other cases we may hold a grievance meeting before deciding what investigation (if
any) to carry out. In those cases we will hold a further grievance meeting with you after our
investigation and before we reach a decision.

Right to be accompanied
At this point, you have the right to be accompanied by a Company employee of your choice (within
reason) or by a Trade Union representative. If however you need specific support at a hearing because
you, for example, have particular medical needs, please let the person conducting the meeting know.

At the meeting, your companion may make representations to us and ask questions, but should not
answer questions on your behalf. You may talk privately with them at any time during the meeting.

Acting as a companion is voluntary and your colleagues are under no obligation to do so. If they agree
to do so they will be allowed reasonable time off from duties without loss of pay to act as a companion.

If your chosen companion is unavailable at the time a meeting is scheduled and will not be available
for more than five working days afterwards, we may ask you to choose someone else.

Grievance meetings
We will arrange a grievance meeting, on receipt of your written grievance at the earliest opportunity.

You and your companion (if any) should make every effort to attend grievance meetings. If you or your
companion cannot attend at the time specified, you should inform us immediately and we will try,
within reason, to agree an alternative time.

The purpose of a grievance meeting is to enable you to explain your grievance and how you think it
should be resolved, and to assist us to reach a decision based on the available evidence and the
representations you have made.

After an initial grievance meeting we may carry out further investigations and hold further grievance
meetings as we consider appropriate. Such meetings will be arranged without unreasonable delay.

We will write to you, usually within 14 days of the final grievance meeting, to inform you of the
outcome of your grievance and any further action that we intend to take to resolve the grievance. We
will also remind you of your right of appeal. Where appropriate we may hold a meeting to give you
this information in person.

Appealing a grievance outcome


If you are not satisfied with the outcome of your meeting, you can appeal. You can do this by emailing
victoria.oconnor@uk.mcd.com within 5 days of the date of the response, explaining the grounds for
appeal. Appealing a grievance will be dealt with by a different employee, who is of a more senior
grade to that who carried out the initial investigation.

• For Assistant Managers - appealing a grievance will usually be dealt with by a Supervisor
• For Business Managers – appealing a grievance will usually be dealt with by a Franchisee

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
• In certain cases, the Company may consider it appropriate for a different or more senior
manager than listed above to hear your appeal

We will hold an appeal meeting, at the earliest opportunity of receiving your written appeal. You have
a right to bring a companion to the meeting as set out above. We will confirm our final decision in
writing, usually within 14 days of the appeal hearing. This is the end of the procedure and there is no
further appeal.

Further Support
Open Door Policy / People Services Helpdesk
We believe in treating everyone equally which is why respect is one of our values! We know how
important it is to listen if there’s anything on your mind, this is why we have an ‘Open Door’ policy in
all our restaurants.
This means that you can approach anyone in the management team and talk openly about any issues,
concerns or problems that you have. If you’d rather talk to someone outside of your restaurant we
have a dedicated People Services Helpdesk who’ll listen to your concerns.

Accessibility Assistance
We recognise that we employ a diverse workforce and that understanding a policy can be an issue for
some for example when English is not their first language or if they are visually impaired. If this is you
or someone that you know, contact the People Services Helpdesk to seek their assistance.

They’re available on the phone Monday to Friday 8am to 6pm or 9am-4pm on bank holidays.
If you’ve got any questions or need advice get in touch with our People Services Helpdesk on 0345
606 0321 or email peopleserviceshelpdesk@uk.mcd.com

Safe, Respectful and Inclusive Workplace eLearning available on Campus


Our People Relations Team have created a 45 minute eLearning module that you can access at any
time on Campus. This webinar covers such areas as:
o Characteristics of a respectful workplace and recognises appropriate and inappropriate
workplace behaviours – including some workplace scenarios which are acted out;
o Discusses the negative impact of non-respectful behaviours on employees and their place of
work;
o Defines discrimination, harassment (including sexual harassment) and personal harassment
(bullying) and recognises behaviours which may constitute discrimination or harassment

Employee Assistance Programme


McDonald’s operates an Employee Assistance Programme (EAP) which you may find useful for a
variety of issues. If you feel that you are being subject to any form of discrimination, harassment or
bullying behaviour, EAP offer advice and may provide counselling sessions to support you through this
difficult period. Often people whose behaviour is causing problems may be unaware of, or insensitive
to, the impact of their actions and talking to a professional or seeking advice or counselling can help
change behaviour and prevent future incidents.

Rocket Restaurants T/A McDonalds have funded a FREE confidential helpline service for all its
employee’s to talk to professionals on work or home related issues. All calls are treated in the strictest

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG
confidence and McDonald’s does not have access to any information that you discuss with EAP. Call
0800 072 7072 - a dedicated 24/7 personal line to provide you with help, support and advice when
you have a medical or personal problem and you need someone to turn to.
Please be aware that this procedure isn’t contractual and may be amended at any time.

Rocket Restaurants Limited T/A McDonalds, Ironbridge, Uxbridge Road, Southall, UB1 3EG

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