Staff Handbook Section 13 - Disciplinary and Dismissal Procedures
Rules Covering Gross Misconduct and Summary Dismissal
Investigation of Alleged Misconduct
Action After Completion of the Investigation
Statutory Right to Be Accompanied
Sanctions Other Than Dismissal
1. It is in the interests of both members of staff and the College to have a minimum number of disciplinary rules and procedures. Some of these procedures are necessary to meet the legal requirements of the Employment Act (2009)
2. The rules set out below set standards of performance and behaviour, whilst the procedures are designed to help promote fairness and consistency in the treatment of individuals. It is the College’s aim that the rules and procedures should emphasise and encourage improvement in the conduct of individuals, where they are failing to meet the required standards, and not be a means of punishment.
3. Every effort will be made to ensure that any action taken under this procedure is fair, with you being given the opportunity to state your case and appeal against any decision that you consider to be unjust.
4. The following rules and procedures should ensure that:
a. The correct procedures are followed when dealing with disciplinary matters.
b. You are fully aware of the standards of performance, action and behaviour required of you.
c. Disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner.
5. It is not practicable to specify all disciplinary rules or offences which may result in disciplinary action, as they may vary depending on the nature of the work. In addition to the specific examples of unsatisfactory conduct, misconduct and gross misconduct shown in this handbook, a breach of other conditions, procedures and rules within this handbook will also result in the disciplinary procedure being used to deal with such matters.
6. Christ's College expects its staff particularly to adhere to the following rules, which are not exhaustive:
a. Staff are to follow the lawful instructions of their superiors and perform their duties to the satisfaction of their Head of Department.
b. Staff are expected to carry out the reasonable instructions of their Head of Department or other person designated by the College or Head of Department, to respond courteously to instructions and to work carefully to the required standards in carrying out such duties.
c. Staff are expected to report punctually for work, to return promptly from breaks and not to leave work during working hours without the express permission of their Head of Department.
d. All staff are required to be aware of and comply with health and safety regulations.
e. No alcohol or drugs, other than prescribed medication, are to be brought into or consumed in a place of work.
f. No materials or tools or equipment, which are the property of the College, are to be taken off the premises without the knowledge and consent of the Head of Department on each occasion.
g. Staff are expected to come to work clean and tidy and suitably dressed.
h. Where clothing - particularly safety clothing - is provided by the College, it must be worn on duty. Heads of Departments will arrange for replacements on a reasonable and regular basis in consultation with the Bursar.
i. The use of foul or obscene language can cause offence and is not acceptable.
j. The spreading of malicious rumours or unsubstantiated gossip is not acceptable.
k. Bullying, discrimination, and sexual harassment of any kind are not tolerated and can be expected to result in immediate and serious disciplinary action.
l. Where access to the Internet and E-mail facilities are provided to enable assistant staff to carry out their duties, the College policy for use of the Internet and e-mail, contained in Section 8 of this handbook, must be adhered to.
7. Principles. Informal action will be considered, where appropriate, to resolve problems. Formal disciplinary action will only be taken after careful investigation of the facts.
8. Where formal action is contemplated, the member of staff will be advised of the nature of the complaint against him or her in writing, and will be given the opportunity to state their case before any decision is made at a disciplinary meeting.
9. The member of staff will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of any disciplinary meeting. At all stages of the procedure the employee will have the right to be accompanied by a trade union representative, or work colleague; more details in relation to this are given below.
10. No member of staff will be dismissed for a first breach of discipline, except in the case of gross misconduct, when the penalty will be normally be dismissal with payment in lieu of notice.
11. If you are disciplined, you will receive an explanation of the penalty imposed and you will have the right to appeal against the finding and the penalty and will be informed as to who you must appeal.
12. Procedures. The following formal procedures will be followed in all cases and in accordance with the principles stated above:
a. First stage of formal procedures. This will normally be either:
• An improvement note for unsatisfactory performance if performance does not meet acceptable standards. This will set out the performance problem, the improvement that is required, the timescale, any help that may be given and the right of appeal. The individual will be advised that it constitutes the first stage of the formal procedure. A record of the improvement note will be kept for six months, but will then be considered spent – subject to achieving and sustaining satisfactory performance.
Or,
• A written warning for misconduct if conduct does not meet acceptable standards. This will be in writing and set out the nature of the misconduct and the change in behaviour required and the right of appeal. The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change. A record of the warning will be kept, but it will be disregarded for disciplinary purposes after six months.
b. Final written warning. If the offence is sufficiently serious, or if there is further misconduct or a failure to improve performance during the currency of a prior warning, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will refer to the right of appeal. A copy of this written warning will be kept by the supervisor but will normally be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct or performance.
c. Dismissal or other sanction. If there is still further misconduct or failure to improve performance the final step in the procedure may be dismissal or some other sanction short of dismissal. Dismissal decisions can only be taken by a College Officer, and the employee will be provided in writing with reasons for dismissal, the date on which the employment will terminate, and the right of appeal.
If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement, and will be advised of the right of appeal. A copy of the written warning will be kept by the supervisor but will normally be disregarded for disciplinary purposes after 12 months subject to achievement and sustainment of satisfactory conduct or performance.
The following table summarises the action which will be taken, where formal action is necessary, in relation to the seriousness of the offence:
| OFFENCE | FIRST OCCASION | SECOND OCCASION | THIRD OCCASION |
| Unsatisfactory Conduct or Performance | Written Warning or Improvement Note | Final Written Warning | Dismissal |
| Serious Misconduct | Final Written Warning | Dismissal | |
| Gross Misconduct | Dismissal |
RULES COVERING GROSS MISCONDUCT AND SUMMARY DISMISSAL
13. There are certain types of behaviour that are never tolerated and can, therefore, be expected to result in the immediate dismissal of any employee found to have committed one of them. Examples of gross misconduct, which are not exhaustive, would include the following:
a. Grossly indecent or immoral behaviour, deliberate acts of unlawful discrimination or harassment or physical, verbal or psychological bullying of any type.
b. Dangerous behaviour, fighting or assault on another person (including violence and offensive language).
d. Incapacity at work or poor performance caused by alcohol or drugs.
e. Possession, supply or use of illicit drugs.
f. Deliberate falsification of any records (including clocking records, time records, absence records, in respect of yourself or any fellow member of staff).
g. Undertaking private work on the premises and/or in working hours without express permission of the Bursar.
h. Working in competition with the College.
i. Taking part in activities which result in adverse publicity to the College, or which cause the College to lose faith in your integrity.
j. Theft or unauthorised possession of money or property, whether belonging to the College, another member of staff, or a third party, or misuse or misappropriation of College property, services or facilities for personal use or gain.
k. Serious negligence which causes unacceptable loss, damage or injury to persons or College property.
l. Destruction or sabotage of College property, or any property on the premises.
m. Serious breaches of the College’s hygiene or health and safety rules which endanger the safety of members of staff or any other person.
n. Gross insubordination and/or continuing refusal to carry out legitimate instructions.
o. Breach of confidentiality (including a failure to maintain confidentiality in an investigation relating to a complaint of harassment).p.
p. Deliberately accessing internet sites containing pornographic, offensive or obscene material.
q. Sleeping on duty.
r. Taking any form of inducement or bribe from Contractors who are working, or who may wish to work for Christ’s College.
14. Immediate Action Taken. In cases where the Head of Department suspects gross misconduct, he or she will:
a. Suspend the employee from duty on full pay, normally for no more than 5 working days, under specific instructions not to attend the place of work until further notice, pending investigation of the alleged misconduct;
b. Give an oral reason for the suspension; and
c. Immediately report the action to the Director of College Services, or if appropriate, the Bursar.
15. Investigation of Alleged Misconduct. The Bursar, or if appropriate another College Officer or Senior Member will investigate the allegation of misconduct and collect any evidence relevant to the allegation, if necessary, holding an investigatory meeting with the member of staff before proceeding to any disciplinary hearing.
16. Action After Completion of the Investigation. If, after fully investigating any alleged breach of discipline, and having followed the disciplinary procedures set out below, the College is satisfied that gross misconduct has occurred, the result will normally be summary dismissal. Pay in lieu of notice will normally be paid in cases of summary dismissal.
17. Where a member of staff feels that their grievance has not been satisfactorily resolved they should appeal. They should inform the College of the grounds for their appeal without unreasonable delay and in writing. Appeals should be heard without unreasonable delay and at a time and place which should be notified to the member of staff in advance. The appeal should be dealt with impartially and wherever possible by a College Officer or other Senior Member who has not previously been involved in the case. Workers have a statutory right to be accompanied at any such appeal hearing. The outcome of the appeal should be communicated to the employee in writing without unreasonable delay.
18. The operation of the dismissal and disciplinary procedure contained in the previous section is based on the following authority at the various levels of disciplinary action. However, the list does not prevent a higher level of authority taking any action necessary at any stage of the disciplinary process.
| Written warning | Bursar, Director of College Services or Head of Department |
| Final written warning | Bursar, Director of College Services, or other College Officer |
| Dismissal | Bursar or other College Officer |
19. Warnings will be disregarded after the following period:
| Written warning | 12 months |
| Final written warning |
12 months period |
STATUTORY RIGHT TO BE ACCOMPANIED
20. Workers have a statutory right to be accompanied by a companion where the disciplinary meeting could result in:
a. A formal warning being issued; or
b. Some other disciplinary action being taken; or
c. The confirmation of a warning or some other disciplinary action (appeal hearings).
21. The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.
22. To exercise the statutory right to be accompanied workers must make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing.
23. The companion should be allowed to address the hearing to put and sum up the workers case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not, however, have the right to answer questions on the worker’s behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case
DISMISSAL WITHOUT NOTICE
24. Gross misconduct offences will, if proven, normally result in dismissal without notice.
SANCTIONS OTHER THAN DISMISSAL
25. If you are in a supervisory or managerial position then demotion to a lower status at the appropriate rate may be considered as an alternative to dismissal except in cases of gross misconduct. In exceptional circumstances, suspension from work without pay for up to five days as an alternative to dismissal (except dismissal for gross misconduct) may be considered by the person authorised to dismiss.
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