Grievance and Disciplinary Procedures

Policy last revised February 2022

 Incyte International Ltd and MGA Education Ltd follow the code and procedures laid down by ACAS.

Disciplinary situations include misconduct and/or poor performance. Grievances are concerns, problems or complaints that employees raise with their employers.

 Fairness and transparency are central to the procedures which are circulated to all employees.

 All issues will be dealt with promptly to ensure there are no delays for meetings and eventual decisions.

In the first instance we aim to resolve issues informally, however there be occasions where this is not possible, if this is the case Incyte aims to:

• act consistently

• carry out any necessary investigations, to establish the facts of the case - the person investigating on behalf of Incyte will have no direct connection with the case

• in writing, inform employees of the basis of the problem

• provide sufficient information about any meetings and enable sufficient time for the employee to prepare a response

• give them an opportunity to put their case in response before any decisions are made

• allow employees to be accompanied at any formal disciplinary or grievance meeting

• allow an employee to appeal against any formal decision made

• meetings will not by themselves result in any disciplinary action

• in cases where a period of suspension with pay is considered necessary, the period will be as brief as possible, will be kept under review and will be made clear that this suspension is not considered a disciplinary action.

Decide on appropriate action

• after the meeting it will be decided whether or not disciplinary or any other action is justified and inform the employee accordingly in writing

• where misconduct is confirmed or the employee is found to be performing unsatisfactorily Incyte will give the employee a written warning

• a further act of misconduct or failure to improve performance within a set period will result in a final written warning

• if an employee’s first misconduct or unsatisfactory performance is sufficiently serious, it may be appropriate to move directly to a final written warning. This might occur where the employee’s actions have had, or are liable to have, a serious or harmful impact on the work Incyte conducts

• a first or final written warning will set out the nature of the misconduct or poor performance and the change in behaviour or improvement in performance required (with timescale)

• the employee will be told how long the warning will remain current

• the employee will be informed of the consequences of further misconduct, or failure to improve performance, within the set period following a final warning

• if a decision to dismiss is taken by a Director of Incyte the employee will be informed as soon as possible of the reasons for the dismissal, the date on which the employment contract will end, the appropriate period of notice and their right of appeal.

• if the act is termed gross misconduct, are so serious in itself or have such serious consequences that they may call for dismissal without notice for a first offence. But a fair disciplinary process will always be followed, before dismissing for gross misconduct

• where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause the Incyte will make a decision on the evidence available

 Provide employees with an opportunity to appeal

• Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision

• Appeals will be heard without unreasonable delay and at an agreed time and place

• employees are expected to let Incyte know the grounds for their appeal in writing

• the appeal will be dealt with impartially and, wherever possible, by an Incyte Director who has not previously been involved in the case

• employees are informed that they have a statutory right to be accompanied at an appeal hearing

• employees will be informed in writing of the results of the appeal hearing as soon as possible.

Overlapping grievance and disciplinary cases

• where an employee raises a grievance during a disciplinary process the disciplinary process may be temporarily suspended in order to deal with the grievance

• where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently.

Director responsible:

Malcolm Greenhalgh

Please contact maclolmg@incyteinternational.com with any queries