Gross misconduct Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. This Policy is compliant with current legislation and will meet the aims of the Public Sector Equality Duty of the Equality Act 2010. Check if your dismissal is unfair if you're accused of gross misconduct. Standards of Conduct, Accountability and Openness of NHSScotland (2001)31, criteria for referral to external agencies, Conduct Policy : guide to expected standards of behaviour, Theft or unauthorised removal of NHS property, Abuse of a fellow employee or any other person, The falsification of pay sheets, clock cards or other wages or financial data, fraud or attempted fraud, fraudulently claiming expenses or other benefits, Conduct is likely to lead to a breach of peace, threatening behaviour, or gross indecency, Inability to perform duties due to the influence of alcohol or drugs (other than those taken under medical direction) or unauthorised consumption of alcohol or drugs while on duty, Criminal offences committed outside working hours which affect the employee's ability to perform their duties, particularly where there is an element of trust involved or it is felt there could be a danger to staff, patients, or visitors, Willful failure to adhere to safety rules where this would create a measurable risk of danger to others or damage to machinery etc, tampering with safety, fire or first aid equipment, Willful or grossly negligent damage to NHS property or equipment, Persistent willful refusal to perform to the required standards of the job role, Unprofessional conduct as defined by reference to generally accepted standards of conduct or ethics within a staff group, Inappropriate access and use of IT systems, software or the internet / intranet, Willful disregard of equality and diversity policies, Significant or persistent bullying and harassment of a fellow employee or any other person, Willful failure to adhere to clinical governance / infection control policies (e.g. You should make every effort to attend the original hearing date. The employer must give at least three months’ notice of the amount it intends to recover and show how this is calculated . What counts as gross misconduct? If you are dismissed for gross misconduct, then you don't just lose your job- you lose your pension too. Gross misconduct is when an employee commits an act that destroys the relationship of trust with you as the employer. The rules about benefit sanctions are complicated so contact your nearest Citizens Advice immediately if you’re worried your benefits might be sanctioned. Gross misconduct is either deliberate wrongdoing or gross negligence by the employee which is so serious that it fundamentally undermines the relationship of trust and confidence between employee and employer. It is not an exhaustive list of offences for which dismissal without previous warning may take place. The manager should assess if there is a significant risk to the organisation in areas such as clinical care, the safety of other persons and/or any investigation. ... Pictures on the Portsmouth NHS … There is a range of standard expectations on all parties including HR, trade union representatives and occupational health which underpins all policies. This is called a ‘benefit sanction’. Link to 'Guide to the application of NHSScotland Workforce Policies to workers' copied and ready to paste. Knowing the NHS you won't even get to the interview stage, your CV and application will be dropped straight into the bin. Previously issued warnings which have expired must be disregarded. We are Gross Misconduct Solicitors: Call us today for expert legal advice on 0207 118 0950 Most people would feel that they know it when they see it. Where the required improvement(s) are not met, the manager will advise the employee that the formal procedure will be initiated. Each situation should be considered individually on the basis of whether the employee's conduct warrants action because of its employment implications or because of its impact on other employees. Misconduct is unacceptable or improper behaviour, which can include an employee acting in an intentional or premeditated manner. Some acts, termed ‘gross misconduct’, are so serious in themselves or have such serious consequences that the relationship of trust and confidence which is needed between the employer and employee is damaged beyond repair. Gross misconduct entitles the employer to dismiss the employee without notice (known as a summary dismissal). anxiety levels are through the roof. The employee and the Chair of the conduct hearing are required to provide a written statement of their case and confirmation of any witnesses attending. Abuse of official information or position. NHS services Home; Health A to Z; Mental health and wellbeing; Back to Mental health and wellbeing. She was sacked by Ealing Hospital, London after she raised concerns about senior doctors who, she claimed, were moonlighting at a private hospital while they were meant to be seeing NHS patients. The nominated Chair will be responsible for identifying the membership of the conduct hearing panel. In some cases, the nature of the offence may have no bearing on the employee's employment but the employee may not be available for work because they are in custody or on remand. Gross misconduct entitles the employer to dismiss the employee without notice. The limited circumstances when this may occur are if: Link to 'Conduct Policy : suspension record template' Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice. Employees who are suspended during investigations and formal processes will be paid as if at work and for as short a time as possible. I generally think this is the general practice for firms in the financial service sector. Allegations of scientific/research misconduct or fraud will be taken very seriously and appropriate action will be taken if the allegations are substantiated. In less serious cases the application of a warning may be appropriate. Prior to any formal conduct process starting, a full and thorough investigation must be carried out in line with the NHSScotland Workforce Policies Investigation Process. We paid no notice or holiday pay, because there is no need to pay in lieu of accrued holiday. … Is this the end of unjustified, unlawful suspensions of NHS staff if Baroness Harding and her advisers’ immediately to be implemented recommendations are followed? DOC copied and ready to paste. in alternative formats and community languages. Keywords Conduct, Gross Misconduct, Warning, Suspension, Dismissal, Disciplinary, Investigation, Disability, Support, Confidentiality, Allegations Unless this copy has been taken directly from the Trust Quality Management site (Q-Pulse) there is no assurance that this is the most up to date version. The employer may be unable to determine the outcome of a conduct process in advance of the regulator considering the referral. If misconduct of an employee is so serious that it undermines the mutual trust and confidence between the employee and their employer and merits instant dismissal, this is known as gross misconduct. Relevant Law. She is currently being investigated for a serious breach of confidentiality. To provide a process to ensure that concerns about standards of conduct, inappropriate behaviour or wilful misconduct are managed in a fair, consistent and timely manner. Gross misconduct entitles the employer to dismiss the employee without notice (known as a summary dismissal). Dr Patrick Bose, a senior and highly respected consultant in obstetrics and gynaecology, and of Indian origin, was dismissed from his work at Addenbrooke’s Hospital for alleged ‘gross misconduct’ following re-use of a Sims Speculum during a routine gynaecological operation in March 2011. Read Guide to expected standards of behaviour. This ensures they are aware of the outcome and any matters that may need to be taken forward or implemented. Appropriate governance systems (and supporting policies) should be in place within every NHS organisation that sponsors and/or conducts health research to detect and investigate possible scientific misconduct 1, research misconduct 2 or fraud 3 by Trust employees, or staff who have been issued with honorary contracts/letters of access or others who are making use of Trust resources. They must be acts that destroy the relationship of trust and confidence between the employer and employee, making the working relationship impossible to continue. However gross misconduct is misconduct by the employee so serious that it completely undermines the employer’s trust and … The letter will be issued within 7 calendar days following the appeal hearing, using the standard appeal hearing outcome letter template. Deliberate falsification of any records, including deliberate abuse of the time and recording system. Link to 'Conduct policy' PDF copied and ready to paste. Bullying can involve arguments and rudeness, but it can also be more subtle. The manager should also consider information regarding any previous convictions. 2. For more information, read the Guide for managers. In Sandwell & West Birmingham Hospitals NHS Trust v Westwood, the Employment Appeal Tribunal (EAT) concluded that gross misconduct should include either “deliberate wrongdoing or gross negligence”. Link to 'Conduct Policy : appeal hearing outcome letter' copied and ready to paste. The Chair will also be responsible for ensuring that all parties are advised in writing of the arrangements, no later than 14 calendar days prior to the hearing, using the standard appeal hearing invite letter template. Once an investigation has been concluded and it is determined that the matter should be referred to a conduct hearing, written notification will be sent to the employee within 7 calendar days of the manager receiving the final investigation report. Gross misconduct is an act which is so serious that it justifies dismissal without notice, or pay in lieu of notice, for a first offence. Back to top. Gross misconduct is deliberate wrongdoing or gross negligence by the employee which is so serious that it fundamentally undermines the employment relationship. We have recently dismissed someone for gross misconduct. If you have a legitimate reason why you cannot attend, you can request a postponement. The appeal panel Chair, in accordance with the scheme of delegation, will be responsible for identifying membership of the appeal hearing panel. Where the grievance or complaint and conduct case are related, it may be appropriate to deal with both issues concurrently. Link to 'Conduct Policy : guide to expected standards of behaviour' copied and ready to paste. This is called a ‘benefit sanction’. This should be undertaken in a timely manner to establish the facts of the case. Should the employee wish to provide a written statement of case, this should be submitted no later than 7 calendar days before the hearing and will be shared with all other parties. Conduct standards are established to promote fairness in the treatment of all NHSScotland employees. Deciding whether to suspend/temporarily remove an employee from the workplace In serious cases of misconduct or where gross misconduct is suspected, suspension may be appropriate whilst the alleged misconduct is investigated. 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