Disciplinary Policy & Procedure - February 2021

7. Misconduct and Gross Misconduct

• The following are examples of misconduct.  Depending upon the type or severity of the misconduct, some of these behaviours may need to be treated as gross misconduct (See below):

• Poor time keeping.
• Refusal to follow a reasonable instruction.
•  Security breaches.
• Unauthorised absence from work.
• Negligence.
• Criminal acts (whether or not the police authorities have decided to prosecute).
•  Breach of health and safety rules.
• Inappropriate use of the Authority’s IT systems, telephones and other communication systems.

Gross Misconduct

• Acts which constitute gross misconduct are those resulting in a serious breach of contractual terms and may result in dismissal, even for a first offence. Examples include:

• Theft or fraud.
• Physical violence or bullying.
• Deliberate and serious damage to property. Serious misuse of the Authority’s property or name.
• Using the Authority’s IT equipment and/or network to access or publish pornographic, offensive or obscene material.
• Action resulting in a serious breakdown in trust and confidence between the employer and employee.
• Serious insubordination. 
• Unlawful discrimination or harassment.
• Bringing the Authority into serious disrepute.
• Serious incapability at work brought on by alcohol or drugs.
• Causing loss, damage or injury through serious negligence.
• Serious breach of health and safety rules.
• Unauthorised removal of Authority property.
• Physical, verbal, financial, psychological or emotional abuse of any person.
• Putting colleagues, clients or customers of the Authority at personal risk of harm. 

This list is not exhaustive. There may be other offences which could constitute gross misconduct.

• The Head of Audit, Procurement and ICT must be advised at the outset of cases where fraud, corruption or theft is suspected. 

• If an employee is suspected of gross misconduct and therefore liable for summary dismissal, the matter will be investigated and if the facts support it, a disciplinary hearing will be arranged. 

• In some cases, it will be necessary, both during and after the conclusion of a disciplinary investigation, to report to professional bodies such as the Care Council for Wales, Education Workforce Council and to the Independent Safeguarding Authority which is the government agency which keeps records of staff who are not able to work within education and care sectors. 

• If the allegation of gross misconduct is substantiated at the disciplinary hearing, summary dismissal may be considered for which no notice is required nor payment in lieu of notice.