Introduction 

With this policy and procedure Riva Institute of Aesthetics aims to encourage and achieve 
improvement in individual conduct and performance. We would always hope to be able to 
address any concerns promptly and informally where possible, however we recognize that 
occasionally a formal procedure may be needed.
The disciplinary procedure below sets out the action which will be taken when an individual’s 
conduct or performance does not meet the required standard.
Principles

If you are subject to this disciplinary procedure:
• At every stage you will be advised of the nature of the complaint against you and
given details of any evidence.
• You will be given full opportunity to state your case.
• You will be given the opportunity to be accompanied by a colleague or trade union
official.
• You will not be dismissed for a first offence except in the case of gross misconduct
(see section below), when the penalty will normally be dismissal without notice.
• You will be given the right to appeal against any disciplinary sanction imposed upon
you.
• Your personal data collected as part of this procedure will be held securely and
processed in accordance with our data protection policy. Any breach of our data
protection policy will be a disciplinary offence

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PROCEDURE

 

Informal action

Depending on the seriousness of the issue concerned, we may feel that informal action is appropriate to try and improve the situation. We would always consider this as a first option where possible

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Formal disciplinary action

Should there be more serious concerns with your performance or conduct, or if informal action has failed to bring about the appropriate level of improvement, formal disciplinary action will be taken.

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Notification

We will write to you and notify you that you are the subject of formal disciplinary action, and that an investigation is taking place. You will be given information about the reason for the disciplinary action and of the investigation taking place.

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Suspension

If we think the matter involves serious misconduct, or if it is felt that your presence at the premises may prejudice or hamper the investigation, you may be immediately suspended. In the case of employees, this will be on full pay and with all your contractual benefits. This may also happen at any point during an investigation if necessary.

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Investigation

We will investigate any matter that is reasonably believed to be a disciplinary matter promptly and thoroughly to ensure we have all the facts.

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No further action

Following the investigation, we may decide that there is no cause for continuing the disciplinary action or imposing any form or warning or sanction. You will be advised of this in writing and there will be no disciplinary warning placed on your file.

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Invitation to a disciplinary hearing

Where there are reasonable grounds to believe that the issue concerned is a disciplinary matter, we will then write to you outlining our concerns, and inviting you to attend a disciplinary hearing, with a minimum of two days’ notice. We will ask you if you would like to be accompanied in the disciplinary hearing. You may bring a colleague of your choice or a trade union official.

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At the disciplinary hearing

The meeting will normally be conducted by Dr. Rashmi Nandkishore, MD & CEO The details and evidence with regards to the concerns about your performance or conduct will be stated and you will be given the opportunity to respond.

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After the hearing
As soon as possible after the hearing is finished, we will let you know whether we have decided 
to impose any disciplinary sanctions and will confirm that decision in writing. You will be 
informed of your right to appeal the decision if you wish to do so.

Levels of warning

In deciding which level of warning is appropriate, the nature of the offence and your past record 
will be considered.

Verbal warning
For less serious breaches of discipline or performance concerns, a verbal warning may be 
given. This will be recorded in writing and kept on your file, usually for a period of six months.

First written warning
For more serious concerns or where a verbal warning is already on file and has failed to bring 
about the required improvement, a first written warning will be issued. This will also be kept on 
your file usually for a period of six months.

Final written warning
If the offence is serious, or there has not been the required level of improvement following 
previous warnings, or if a similar offence occurs, a final written warning will be issued.

Dismissal
For extremely serious offences such as gross misconduct (see below), or if your performance 
has still failed to improve despite previous warnings, we may consider dismissing you. In the 
case of gross misconduct dismissal will be without notice and in the case of employee’s without
pay in lieu of notice.

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Rules covering unsatisfactory conduct and misconduct

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These are examples only and not an exhaustive list. You will be liable to disciplinary action if you are found to have acted in any of the following ways:

• Failure to abide by the general health and safety rules and procedures

• Smoking in designated non-smoking areas and in uniform

• Consumption of alcohol on the premises

• Persistent absenteeism and/or lateness

• Unsatisfactory standards or output of work Disciplinary Policy 4

• Rudeness towards clients, members of the public, other employees or students, objectionable or insulting behavior, harassment, bullying or bad language

• In the case of employees, failure to devote the whole of your time, attention and abilities to our business and its affairs during your normal working hours

• Unauthorized use of e-mail or internet

• Failure to carry our all-reasonable instructions or follow our rules and procedures

• Unauthorized use or negligent damage or loss of our property

• Failure to report immediately any damage to property or premises caused by you

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Rules covering gross misconduct

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Occurrences of gross misconduct are very rare because the penalty is dismissal without notice and without any previous warning being issues. It is not possible to provide an exhaustive list of examples of gross misconduct. However, any behavior or negligence resulting in a fundamental breach of contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment/student relationship will constitute gross misconduct.

Examples of offences that will normally be deemed as gross misconduct include serious instances of:

• Theft or fraud

• Physical violence or bullying

• Deliberate damage to property

• Deliberate acts of unlawful discrimination or harassment

• Possession, or being under the influence, of drugs* on the premises (For this purpose, the term ‘drugs’ is used to describe both illegal drugs and other psychoactive, mind altering substances which may or may not be illegal)

• Breach of health and safety rules that endanger the lives of, or may cause serious injury to, employees/students or any other person

 

The above examples are illustrative and do not form an exhaustive list.

 

We reserve the right to allow third parties to chair any formal hearing. You agree to permit us to share any relevant sensitive data where it is necessary for the purposes of that hearing.

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Appeal procedure

You have the right to lodge an appeal in respect of any capability/disciplinary action taken against you.

If you wish to exercise this right, you should apply in writing to Dr. Rashmi Nandkishore, MD & CEO

 

It may be necessary, due to the size of the company, for the appeal to be heard by the person who took the original action and it is therefore important that your appeal gives details of why the penalty imposed is too severe, inappropriate or unfair in the circumstances.

 

You may be accompanied at the appeal hearing by a fellow colleague, employee or a Trade Union representative of your choice and the result of the appeal will be made known to you in writing, normally within five working days after the hearing. This is the final stage of the appeal process.

 

We reserve the right to allow third parties to chair any formal hearing. You agree to permit us to share any relevant sensitive data where it is necessary for the purposes of that hearing.

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SUMMARY:

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Rules and Regulations Covering Unsatisfactory Conduct and Misconduct Within The Institute.

• Unsatisfactory Attendance Below 50%

• Rudeness Towards Faculty/ Students/ Staff

• Bad Language/ Harassment/ Bullying

• Unauthorized Use of Video Recordings/ Voice Recordings

• Damage Of Property

• Theft / Fraud

• Physical Violence

• Discrimination/ Racism

• Breach Of Health Safety and Put Others In Danger

• Late Payment / No Payments of Fees

 

In all above situations Institute will take action with

1) Verbal warning

2) 1st written warning

3) 2nd written warning

4) Dismissal

 

Occurrences of gross misconduct are very rare because the penalty is dismissal without notice and without any previous warning being issues.