Gross Misconduct - Appendix 1
Definition of Gross Misconduct
Gross misconduct encompasses actions or behaviours that are considered so serious that they fundamentally breach the trust and confidence required for employment at the University. Such actions may result in summary dismissal without notice (or payment in lieu of notice), following a formal disciplinary process conducted in line with the University's Disciplinary Policy.
Examples of Gross Misconduct
The following examples, while not exhaustive, illustrate behaviours typically regarded as gross misconduct:
Dishonesty and Fraud
- Theft, fraud, or deliberate falsification of records.
- Giving false information as to qualifications or using fraudulent identity or withholding information that would be relevant.
- Acceptance of bribes or other secret or undeclared payments.
Physical Violence and Threats
- Physical violence or threats of violence.
Damage and Negligence
- Deliberate and serious damage to property.
- Serious negligence causing loss, injury or damage, including loss of life.
Harassment and Discrimination
- Unlawful discrimination, harassment, bullying or intimidation against University colleagues, contractors, students or members of the public on the grounds of sex, sexual orientation, marital or civil partner status, pregnancy and maternity, gender reassignment, race, disability, religion or belief, or age which contravenes the University’s Equality Policy or Dignity at Work and Study Policy.
Misuse of Technology or University Resources
- Deliberate access to pornographic, offensive or obscene materials.
- Defamatory and /or abusive comments regarding the University or its employees through the inappropriate use of social media, blogs or other platforms.
- Serious misuse of the University’s information technology systems (including misuse of developed or licensed software, unauthorised software use or serious misuse of e-mail and the internet).
Confidentiality and Data Protection
- Serious breach of confidence including unauthorised use or disclosure of confidential information or a serious failure to ensure that confidential information in the employee’s possession is kept secure.
- Deliberate or malicious unauthorised use, processing or disclosure of personal data which contravenes the University’s Data Protection Policy.
Substance Abuse
- Incapability to work due to being under the influence of alcohol, illegal drugs or other substances during working hours.
- Possession, use, supply or attempted supply of illegal drugs.
Breach of Policies or Procedures
- Serious or repeated breach of health and safety rules or serious misuse of safety equipment.
- Intentional or malicious refusal to comply with reasonable instructions or requests made by a line manager within the workplace.
- Serious neglect of duties, or deliberate breach of the University’s procedures
- Serious and/or malicious misconduct in connection with research activities.
Reputation and Integrity
- Conviction for a criminal offence that in the University’s opinion may affect the University’s reputation or its relationships with staff, students or the public, or otherwise affects the employee’s suitability to continue to work for the University.
- Bringing the University into serious disrepute such as serious misuse of University property, name or reputation.
Malicious or Bad Faith Actions
- Making a disclosure of false or misleading information under the Code on Public Interest Disclosure (Whistleblowing Policy) maliciously, for personal gain, or otherwise in bad faith.
- Making untrue/vexatious allegations in bad faith against a colleague.
Note:
This list serves as a guideline and is not exhaustive. Other conduct of a similar nature may also constitute gross misconduct depending on the circumstances.