12.9 LAPSE OFWARNINGS Warnings are encouraged to improve your conduct, behaviour and performance. Following any disciplinary warning given, if you do improve your performance/conduct and have no further issues then your warning/s will lapse: • First written warnings will lapse following 6 months • Final written warnings will lapse following 12 months Lapse periods run from the date of the disciplinary decision. Once a warning has lapsed, it will normally be disregarded if further disciplinary action is taken. 12.10 CONDUCT OUTSIDEWORK If your conduct outside work is so serious that it affects your capability or credibility in your job with us, or substantially undermines any normal effective working relationships with colleagues, would bring the company into disrepute, your employment may be terminated summarily (without entitlement to notice or pay in lieu). 12.11 APPEALS If you are unhappy with the outcome of your disciplinary hearing, you will have the opportunity to appeal.You will need to do this within 7 days of receiving the outcome letter. The decision on appeal will be final. 12.12 GROSS MISCONDUCT Evidence of gross misconduct will normally result in summary dismissal and the loss of notice pay, holiday pay (except statutory payments) and any other rights in your contract of employment. The following list gives some examples of the reasons for gross misconduct. Please be aware that it’s not a complete list: •  Theft from or dishonesty in relation to the company, its employees, guests, suppliers or contractors •  Any type of fraud •  Misuse of company time and equipment •  Unauthorised possession or removal of company property •  Falsification of time sheets, sickness claims, expense claims or accounting and other documents •  Failure to adhere to the Byron allergen procedures •  Failure to follow the correct Byron right to work procedures •  As a manager, failure to ensure your team are 100% compliant with current legislation through upskill compliance training •  Failure to complete compliance training •  Serious breach of company standards •  Serious breach of security rules •  Wilful and serious breach of company policy or procedure •  Wilful damage to company, guests’ or fellow employee’s property 33 12.MANAGINGCONDUCT,CAPABILITYANDPERFORMANCEcontinued 12.7 OUTCOMES OF DISCIPLINARY MEETING The possible outcomes of a disciplinary meeting are: • No disciplinary action to be taken •  Meeting adjourned for further investigation or consideration (in which case you may be suspended until the resumed meeting) • Appropriate disciplinary action taken 12.8 LEVELS OF DISCIPLINARY ACTION There are three levels of disciplinary action that may be taken: • First written warning • Final written warning • Dismissal with or without notice For minor offences, disciplinary action will normally be a lower level warning. For more serious offences or in cases where you have already received a lower level warning, it will be of a higher level. Disciplinary action administered at any level (including dismissal), depends on our view of all the circumstances and the seriousness of the issue. It is not a term of your contract that you will receive a number of warnings or any, before dismissal. Where the disciplinary issue relates to your performance, an alternative or additional disciplinary outcome such as demotion may be used.Your rate of pay will be reduced to the rate appropriate for your job. Where the disciplinary issue relates to conduct or performance, in addition to receiving an appropriate warning (or in the case of performance, demotion, you may also be compulsorily transferred to another restaurant 32