People & Organisational Development

Guidance for assessing the seriousness of misconduct

This guidance supports the initial assessment of a potential disciplinary issue.  It’s aim is to help determine the appropriate level of response under the Disciplinary Policy.

If unsure at any stage – always consult with People & OD for advice and support.

 

Level

Definition

Examples

Informal

Trivial breaches of the rules leading to nothing more than a quiet word or an informal reprimand.

 

Not part of the formal disciplinary procedure.

 

A note/record is kept concerning informal redress/resolution.

Time keeping

 

Negligence

 

 

 

 

 

Attitude

Minor unpunctuality

 

Carelessness or negligence causing no serious difficulty or inconvenience.

 

 

Slight uncooperativeness. Minor rudeness or discourtesy towards others. Unwillingness to concentrate on the job in hand.  Poor respect for authority/others.  Difficulty in getting along with workmates.

Post investigation/Hearing where informal action recommended.

 

(A structured opportunity for the employee to reflect on their behaviour, understand its impact, and engage in learning or coaching to prevent recurrence. This step is not disciplinary but developmental).

To reinforce expectations, support behavioural change, and avoid escalation to formal warnings.

After an informal reprimand where the behaviour persists or shows signs of escalation

 

When the employee is receptive to recommendations but needs structured support

 

As an alternative to immediate formal action, where appropriate.

 

Examples of Interventions:

  • Reflective discussion with line manager
  • Completion of a short learning module (e.g. time management, communication, respect in the workplace)
  • Coaching or mentoring sessions
  • Written reflection or action plan
  • Attendance at a facilitated workshop

 

First Written Warning

More fundamental breaches of the rules with inconvenient consequences.

 

Failure to respond to informal redress/agreed actions.

 

Behaviour is, however, considered correctable.

 

First part of formal procedure.

Time keeping

 

 

 

Negligence

Incidence of unexcused lateness is demonstrably higher than the average.

 

The consequences of the employee’s negligence have been more irritating than damaging. Evidence that the employee’s wilful or neglectful lack of concentration is a factor. The employee has done better in the past but has now become more slipshod.

Second Written Warning

Conduct which has caused some disruption, damage to relationships and/or expense to correct.

 

Repetition of previous minor conduct.

 

Failure to respond to earlier attempts to remedy behaviour.

Timekeeping

 

 

 

 

 

 

 

 

Negligence

 

 

 

Attitude

  • Fails to make any appreciable effort to improve. Poor timekeeping has significant effect on the working routine.  Breaking the rules regarding reporting sickness absence.

 

Has no interest in producing good end product.

 

Surly or uncooperative behaviour.  Unwilling to work with others. Encourages a poor attitude in others. Has a problem coping with authority.  Always arguing.

 

Final Written Warning

Major breaches of policies / rules

 

Serious consequences including the risk of danger to him/her/them-self or others. Damage to University property.

 

 

Timekeeping

 

 

 

 

 

 

Frequently late or absent.  Excuses offered are untrue or unacceptable.  Fails to respond to help or earlier warnings. 

 

Has caused damage to property. Wastes time and cannot follow procedures.  Has failed to grasp precautions or has been discovered in breach of safety rules. 

 

Fails to make any effort to get along with others.  Causes alarm or distress to others.  Threatens others with violence or other forms of intimidation.  Is a bully and others avoid them.  Attitude has caused others to refuse to work alongside them.

Gross misconduct

Conduct which has struck at the heart of the contract of employment making it impossible to continue with the employment relationship.

 

Response after investigation and a disciplinary hearing, may be summary dismissal.

See non exhaustive examples in Gross Misconduct Appendix 1

Note:  Whilst the University clearly recognises that all forms of unlawful discrimination are unacceptable, and require appropriate and proportionate investigation and action, in the instances of unintentional indirect discrimination – which usually occurs when a policy, rule, or practice that is applied universally ends up disadvantaging a particular group of people due to their characteristics without any intent to cause harm by the person implementing it - in such cases, gross misconduct would typically only be considered if certain aggravating factors are present. For instance:

 

  • Repeated Behaviour: Failure to learn from previous feedback or training on the matter.
  • Inaction: A refusal or failure to take corrective action after being made aware of the issue and given an opportunity to address it.
  • Disregard for Policies: A blatant disregard for relevant policies or procedures.
  • Indifference: While the discrimination itself may be unintentional, demonstrating a lack of concern or indifference when the issue is raised could escalate the situation.

 

And therefore, these factors could influence what might initially appear as an unintended mistake into a more serious lapse in responsibility or diligence - ultimately, context is critical in determining the appropriate response, ensuring that actions are judged fairly based on the specific circumstances.