Disciplinary Procedure

Transcription

1 Disciplinary Procedure Table of Contents 1. Purpose Scope Policy Forms/Instructions Links/Dependencies Appendices Appendix 1: Examples of misconduct likely to lead to disciplinary action at different stages of the procedure...13 Policy control Approved by Contact/s Vice Chancellor s Executive Group Cathy Abu, Director of Human Resources History/Revision dates 25 January 2010, updated 10 June 2010 Audience Internal (Intranet only) External (Internet) Page 1

2 1. Purpose 1 The University aims wherever possible to resolve matters of potentially unsatisfactory conduct or behaviour informally without resorting to formal procedures. Recognising however that this is not always possible, the purpose of this procedure is to provide a formal means of helping and encouraging employees to achieve and maintain standards acceptable to the University. 2 The procedure is designed to enable individual cases to be resolved fairly, consistently and in a timely manner. Wherever possible and reasonable, help and encouragement, including formal training, will be provided to allow staff to meet standards specified as a result of disciplinary action taken against them. 2. Scope 3 This procedure applies to all University staff other than those within their probationary periods and those staff holding senior posts (i.e.: as defined in Paragraph 10 below) who are also covered by separate arrangements. 4 This procedure relates to concerns about conduct (as defined below) and does not apply in circumstances relating to termination of employment on: the expiry (nonrenewal) of fixed term contracts or on the grounds of redundancy. 5 This procedure will be subject to variation from time to time by Agreement between the University and the trade unions. 3. Policy Definition of terms used 6 Conduct matters connected with an employee s behaviour, inappropriate actions, wrongful acts or omissions. Examples are set out in Appendix 1. 7 Gross Misconduct is conduct which would so breach the trust between the University and the individual employee that further employment would be impossible. It is conduct serious enough to warrant dismissal of the employee without prior disciplinary warning. If, on completion of a disciplinary investigation and hearing, the University is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice. Examples of such conduct are set out in Appendix 1. 8 Line Manager is the person to whom a member of staff reports (e.g.: any officer of the University, including Heads of Department and Service Directors, with line management responsibility for one or more members of staff). 9 Senior Manager is a more senior manager in an area (normally the manager to whom the Line Manager reports, e.g.: Corporate Management Team members). Page 2

3 10 Staff Holding Senior Posts are the Vice Chancellor, the Clerk to the Board of Governors and the holders of such other senior posts as the Board of Governors determine. 11 Recognised Trade Union is a trade union formally recognised by the University for the purposes of collective bargaining (i.e.: UCU and UNISON). 12 Trade Union Representative or Friend is the person chosen by the employee to accompany him/her to a meeting/hearing convened formally under this Procedure and who is either a trade union employee or lay trade union official who has been reasonably certified in writing by their union or is a fellow worker employed by the University of Bedfordshire. It is the individual employee s responsibility to secure the services of an appropriate representative. At a formal meeting, the Trade Union Representative or Friend may represent the employee, i.e.: present the employee s case, sum up and confer with the employee, but will not be permitted to answer direct questions for the employee, or prevent others present from explaining their case. General principles 13 This Procedure follows the principles set out in the ACAS Statutory Code of Practice Discipline and Grievance Procedures Employees who are subject to disciplinary proceedings will be provided with a copy of this procedure at the outset. It is the responsibility of managers using this procedure to be acquainted with its provisions, to be aware of their responsibilities within it and to interpret the procedure consistently, correctly and fairly in all cases. 15 Managers operating any part of this procedure must consult with and involve appropriate members of Human Resources at every stage of its application. HR will normally be present at all formal hearings. 16 No individual will be dismissed for a first breach of discipline except in the case of gross misconduct. 17 In all cases, the principles of natural justice will be followed. No disciplinary action (up to and including dismissal) will be taken against employees without their first being:- advised, where appropriate, that an investigation is to be carried out to establish the facts; provided with a written statement of the allegations against them; given an opportunity to put their case in response in a fair hearing before any decision is reached; and given their right to appeal against any disciplinary penalty imposed. 18 At all formal stages, the employee will have the right to be accompanied by a Trade Union Representative or Friend at any meeting held in connection with it. Consistent with the fact that disciplinary meetings and hearings are internal proceedings, external representatives such as solicitors or family members will not be permitted to attend. 19 If the employee wishes to be accompanied, he or she must give the name of their Trade Union Representative or Friend to the Manager holding the meeting at least two working days prior to the meeting. Following notification of the name of the Trade Page 3

4 Union Representative or Friend that the employee has nominated, that person will be provided with all relevant documentation and information, including the date, time and location of the meeting by the University. 20 If the employee or Trade Union Representative or Friend cannot attend on the proposed date they are entitled to postpone the meeting by proposing another date so long as it is reasonable and normally no later than five working days after the original date proposed by the University this may be extended in exceptional circumstances (unless otherwise mutually agreed). Where the employee or their representative is unable to attend the rescheduled meeting, it may be necessary to conduct the rescheduled the disciplinary hearing in the employee s absence. 21 All matters relating to the application of this procedure will be confidential to the parties concerned and those who need to know. 22 All parties will be treated fairly and equally, regardless of their status, and reasonable adjustments will be made to ensure that meetings are accessible for employees (or their Trade Union Representative or Friend) with a disability. 23 This procedure may be initiated at any stage if the employee s alleged conduct warrants such an action. 24 No disciplinary action will be taken against an employee until an investigation has been carried out. The investigation may take the form of holding investigatory meetings, including taking witness statements, and/or the collation of evidence. 25 No action under this procedure will be taken against an employee who is an accredited Recognised Trade Union representative until the circumstances have been discussed with a full-time official of the Recognised Trade Union concerned, normally after obtaining the employee s agreement. 26 Following notification of the name of the Trade Union representative or friend, that the employee has nominated, that person will be provided with all the documentation relating to the case. 27 Where an employee is charged with or convicted of a criminal offence, the University will consider whether the employee s conduct or conviction warrants action under this procedure either before or after the outcome of Police investigations or other legal proceedings is known. Action may be warranted because of employment implications, i.e.: the employee s suitability to do his or her job and/or their relationship with the University, work colleagues and clients. 28 It is in the interests of both the University and its employees that written records are kept during the disciplinary process. Records will include: the details of the alleged misconduct; details of any informal support and /or training provided, if appropriate; details of any investigation carried out and what was decided; actions taken and the reasons for doing so; whether there was an appeal and if so, the outcome, and any subsequent developments. Records will be treated as confidential. Copies of meeting records, including any formal minutes taken, will be given to the employee and a copy placed on their personal file. 29 The University undertakes to monitor the application of this procedure and report on this annually to the Board of Governors as part of its Equality & Diversity Report. Page 4

5 30 The University will review this procedure every two years in the light of these annual reports and where necessary in the context of developments outside the University in consultation with the trade unions. Informal action 31 Where possible, cases of unsatisfactory conduct or behaviour will be raised with employees without undue delay by their manager as part of the normal management process. If appropriate, informal support will be provided in order to help resolve the problem without recourse to formal disciplinary action. Where, however, informal support is not appropriate, or if following informal support, an employee fails to improve, or to sustain an improvement in his or her conduct, behaviour or attendance, the formal disciplinary procedure will be applied. Disciplinary investigations 32 Where an alleged act of misconduct or inappropriate behaviour has taken place, the relevant Line Manager will normally advise the employee and arrange for an investigation to be conducted. The investigation will normally include discussions with the employee and any relevant witnesses about the matters under consideration. Written records will be taken and any necessary documentation gathered together. Where the discussion is with the employee, the University will allow the employee to be accompanied by trade union representative or a friend acting in the role of an observer. 33 In certain cases, it may be appropriate for a manager other than the immediate Line Manager to undertake the disciplinary investigation (the Investigating Manager). In such circumstances, the employee will be advised why this is the case. 34 Disciplinary investigations will be completed as soon as reasonably practicable, given all the circumstances of the case. It will sometimes be necessary for a disciplinary investigation to be conducted over a protracted period. In such circumstances the employee will be advised of the reasons why, and the likely timescale for the completion of the investigation. 35 At the conclusion of the investigation, the Line Manager will decide whether to take no further action, arrange informal monitoring and support, or decide that the issue should be dealt with formally under this disciplinary procedure. If no disciplinary action is to be taken, the employee will be notified of this in writing. If disciplinary action is to be taken, the Line Manager or Investigating Manager will prepare a written report of the findings of the investigation. All supporting documentation including witness statements, where applicable, will be appended to the report. Suspension from work 36 Suspension is not a disciplinary sanction or act. It does not imply that there has been any misconduct, or that any decision has already been made about the outcome of the disciplinary investigation or any hearing ( see Notification and conduct of disciplinary panels below). Suspension is a neutral act to allow, in the interest of all or any of the parties concerned, an effective investigation to take place. 37 The Vice Chancellor or his nominee may suspend from duty, on full pay, any member of staff of the University (other than the holder of a senior post) in cases of very serious allegations, for example, those constituting gross misconduct, or for other Page 5

6 Good or urgent cause. Any suspension will be kept under regular review and last until either the outcome of any disciplinary hearing is known, or the disciplinary investigation is discontinued. It will normally occur within one working day of the start of a disciplinary investigation, and be for as short a period as reasonably practicable. 38 However, the University reserves the right to suspend an employee at any stage of a disciplinary investigation, where it emerges that the case is potentially one of gross misconduct, or where it becomes apparent that the conduct of the investigation may be affected by the presence at work of the employee. Suspension may also be considered in circumstances where the disciplinary investigation is causing distress to the employee. 39 When suspension of an employee is being considered, their Line Manager will normally meet the employee and explain the reasons for the proposed suspension. The employee will have an opportunity to make observations on the manager s reasons for suspending him/her. The suspension will subsequently be confirmed, in writing by the Vice Chancellor or nominee, within three working days of the meeting. If the employee is a member, the relevant trade union will also be informed as soon as reasonably practicable. 40 During the period of the suspension, the employee is forbidden from entering University premises or contacting any other member of staff (other than their Trade Union Representative or Friend), any student or supplier (whether connected or not to the matter under investigation) without obtaining prior authorisation from their Line Manager and/or the Director of HR, or nominee, as specified in the letter confirming their suspension. 41 In accordance with Disciplinary investigations above, the employee will be kept appropriately informed whilst suspended of the progress of the disciplinary investigation. The necessity of continued suspension will be kept under review by the University as the investigation develops. If it is deemed appropriate, the suspension will be ended and the employee invited to return to work before the investigation is completed or any hearing convened Suspensions will be kept as short as is reasonably practicable. Any member of staff (save for staff holding senior posts) suspended for three weeks or more (who has not been notified of a disciplinary hearing in accordance with Notification and conduct of disciplinary hearings below) may appeal to the Board of Governors by writing to the Director of Human Resources. Any appeal will be considered as soon as is reasonably practicable. Any suspension against which an appeal has been made will continue to operate pending the determination of the appeal. Notification and conduct of disciplinary hearings 43 Where it is felt necessary to take formal action under this Procedure, a disciplinary hearing will be convened as soon as is reasonably practicable. The disciplinary hearing will normally be chaired by the employee s Senior Manager, however, where that Senior Manager has had direct involvement in the case, or may be required as a witness, an alternative Senior Manager will chair the hearing. 1 1 for example, if the investigating manager concludes that although a case for disciplinary action exists, the employee is unlikely to have committed gross misconduct. Page 6

7 44 The employee will be given at least five working days notice in writing of the time, date and location of the disciplinary hearing, and details of the matter(s) to be considered, together with copies of this procedure, any documents to be considered as part of the hearing, including any Line Manager/Investigating Manager s report and any witness statements. This is to allow the employee sufficient time to prepare a response. The employee will normally be informed of the Stage of this Procedure under which the matter is being considered (see Stages of disciplinary action and outcomes b elow). The employee will be informed of his or her right to be accompanied (see also General principles above). 45 If the employee wishes to submit a written response to the allegations or documents, he or she must submit these to the Manager conducting the hearing at least two working days in advance of the meeting. Copies will be given to the person conducting the management case. 46 At the hearing, the Manager conducting the proceedings will normally be accompanied by an HR representative who can advise on procedure and take notes. At the outset, the Manager will outline the status of the hearing; his or her role; explain what will happen; introduce all the parties present; check that all parties have had the documents to which reference will be made and confirm the witnesses to be called by either side. 47 The Line Manager or Investigating Manager will present his or her report including the nature of the complaint, the evidence considered, and the findings. He/she will then call any witness (es), as appropriate, in support of the case against the employee. The employee or their Trade Union Representative or Friend will then be invited to respond to the allegation(s) or complaint(s), calling any witnesses as necessary. The Manager hearing the case (and HR representative, for clarification, if appropriate) may question both parties and their witnesses, after which the parties will be given the opportunity to sum up. If witnesses are called, they may only be present for the period of their own statements and questioning. 48 The hearing will then be adjourned while the facts of the case are considered, and a decision made by the Manager hearing the case. If deemed necessary by the Manager hearing the case, the adjournment may be extended to allow further investigation to take place. 49 Normally, the hearing will be reconvened and the decision conveyed verbally to the employee and later confirmed in writing. In exceptional circumstances, for example, complex cases involving the assessment of a substantial volume of evidence or information, the Manager hearing the case may decide to reserve the decision and to advise the employee of it in writing subsequently. In either case, written confirmation of the outcome of the hearing will be provided to the employee normally within five working days, but in any event no more than ten working days, of the hearing. 50 The Manager hearing the case could decide: To take no further action; or to give a warning under Stage 1, 2 or 3 as appropriate (see Stages of disciplinary action and outcomes below); or in cases where the hearing has been convened to consider misconduct following an earlier warning or gross misconduct under Stage 4, to dismiss. Page 7

8 51 Written confirmation of the outcome of the hearing will also include confirmation of the employee s right of appeal (see Appeals below). Stages of disciplinary action and outcomes 52 There are four stages of disciplinary action available under the formal procedure, following a disciplinary investigation (see Disciplinary investigations above) and a hearing (see Notification and conduct of disciplinary hearings above):- Stage 1 Oral Warning Stage 2 Written Warning Stage 3 Final Written Warning Stage 4 Dismissal or Summary Dismissal 53 Examples of the kinds of misconduct normally regarded as falling into each category are set out in Appendix 1, though these are for illustrative purposes only and are not intended to be an exhaustive list. Stage 1 Oral warning 54 If, following a disciplinary investigation and hearing, the Manager hearing the case finds that conduct has not met acceptable standards or a minor offence of misconduct has occurred, he/she may issue an oral warning to the employee. The employee will be advised of the reason for the warning, any improvements or change in behaviour required, the timescales within which this is required, and be warned that action under Stage 2 will be considered if there is further complaint. The employee will be advised in writing of his/her right to appeal (see Appeals' below). Stage 2 Written warning 55 This stage applies to more serious acts of misconduct, or to a further act of unacceptable conduct or behaviour after the issuing of an oral warning. 56 The written warning will give the details of the complaint, the outcome of the hearing, the warning itself, any improvements or change in behaviour required and timescales within which this is expected and any monitoring or review to be established. It will warn that action under Stage 3 will be considered if there is a failure to improve within any stated timescale or there is a further complaint or incident warranting disciplinary action. The employee will be advised in writing of his/her right to appeal (see Appeals below). Stage 3 Final written warning 57 This stage applies to concerns about conduct or acts of misconduct so serious that the University would wish to dismiss the employee were they to be subsequently repeated. Stage 3 also applies to further acts of misconduct or complaints for which the employee has previously received a written warning under Stage The final written warning will give details of the complaint or misconduct, the outcome of the hearing, the warning itself and how long it will last, any improvements or change in behaviour required and any timescales within which this is expected and any monitoring or review to be established. It will warn that further disciplinary action Page 8

9 (Under Stage 4 of the procedure) could lead to dismissal. The employee will be advised of his/her right to appeal (see Appeals below). Stage 4 Dismissal and summary dismissal 59 There are two ways in which employment can be terminated under this procedure: Dismissal and Summary Dismissal. Dismissal with notice: 60 If conduct is still unsatisfactory or there is a further complaint during the currency of a warning given under Stage 3 of the procedure, a further disciplinary hearing will be held and conducted in accordance with Notification and conduct of disciplinary hearings above. If it is apparent that the employee has failed to meet required standards, dismissal will normally result. 61 The Vice Chancellor will be advised of the decision to dismiss before it is confirmed in writing to the employee. 62 The employee will be given written notice of their dismissal and be provided with a written explanation of the reasons for this, and be advised of their right of appeal (see Appeals below). 63 The employee will normally receive pay in lieu of their contractual notice, and any other outstanding monies due to them. Summary dismissal (without notice): 64 Summary Dismissal applies to acts of gross misconduct only. 65 Because of the nature of alleged acts of gross misconduct, the employee will normally be suspended from work on full pay (see Suspension from work above), whilst the investigation is completed. 66 A disciplinary hearing will then be convened and conducted in accordance with Notification and conduct of disciplinary hearings above. If at that hearing, it is found that an act of gross misconduct has taken place, a decision to summarily dismiss the employee without notice, or pay in lieu of notice, will normally result. 67 The Vice Chancellor will be advised of the decision to dismiss before it is confirmed in writing to the employee. 68 The employee will be given written notification of their summary dismissal and provided with a written explanation of the reasons for it, and be advised of their right of appeal (see Appeals below). Duration of warnings 69 Written warnings and notes of oral warnings will be retained on the employee s file. However, for the purposes of further disciplinary action, they will have a specific duration, after which they will be regarded as spent. 70 The normal duration of warnings is as follows:- Page 9

10 Oral Warning Up to Six Months Written Warning Up to One Year Final Written Warning One Year (or up to Two Years if exceptional circumstances warrant it) Appeals 71 Employees are entitled to appeal against any decision to give a warning or to dismiss taken in accordance with this procedure, and to be accompanied and/or represented at the appeal hearing by a Trade Union Representative or Friend. 72 The function of an appeal is not to conduct a full re-hearing of the facts of the case unless it is in the opinion of the person(s) hearing the appeal that it would be appropriate for a re-hearing to take place in order to remedy previous defects in the disciplinary process. 73 An appeal would normally be held on one of the following grounds: perceived unreasonableness of the decision; the severity of the penalty; the coming to light of new evidence or information not available at the time of the earlier hearing; procedural errors or irregularities which materially contributed to the outcome of the proceedings against which the appeal has been lodged. 74 An employee wishing to appeal against a decision taken at a formal hearing under this procedure should inform the Director of Human Resources in writing within ten working days of receipt of written confirmation of the outcome of the earlier hearing. They should state the full grounds of their appeal and provide all necessary supporting documentation. 75 The time limit may in exceptional circumstances be extended by agreement with the Director of Human Resources. 76 The Director of Human Resources will invite the appellant to an appeal hearing to be held normally within twenty working days, from lodging an appeal, detailing its date, time and location in writing, and informing them of their right to be accompanied. The Appellant will be given at least five working days notice of the appeal hearing. The Appellant must take all reasonable steps to attend this meeting. 77 In the case of an appeal against a warning, the appeal will be heard by a more Senior Manager who has not been previously involved in the case. This will normally be the Manager s manager, who could be the Vice Chancellor or his nominee. In the case of an appeal against dismissal, or continuing suspension (see Paragraph 41 above), the appeal will be heard by an Appeal Panel of three members of the Board of Governors. The Director of Human Resources (or nominee) will be present at the appeal hearing. The dismissal shall not take effect until the appeal has been determined except in cases of Summary Dismissal (i.e. dismissal without notice as defined in the Articles of Government ). 78 A copy of the Appellant s written statement of appeal will be passed to the Manager who conducted the earlier hearing and took the decision in question. The Manager will Page 10

11 prepare a written response to the appeal, which he or she will present at the appeal hearing. A copy of this statement will be sent to the Appellant prior to the hearing. 79 Where the Appellant or his/her Friend cannot attend on the date specified, the University will offer an alternative date and time, but it may not be possible to do this more than once. If it becomes necessary, after reasonable efforts to agree a mutually acceptable date have failed, the University may, provided the specified notice has been given, hold the appeal hearing in the Appellant s absence. The roles and responsibilities of participants at appeal hearings 80 The Appellant - Having set out the written grounds of their appeal beforehand, the appellant must concentrate on the issue(s) that the appeal has been called to consider. They must not attempt to present all the facts of the case afresh. 81 The Appellant s Friend - If the Appellant is to be accompanied, his or her Trade Union Representative or Friend may present the Appellant s case, sum up and confer with the employee, but will not be permitted to answer direct questions for the Appellant. 82 The Responding Manager Having set out their written response to the Appellant s case beforehand, the role of the Responding Manager is to summarise why they took the decision that they did, explaining why their decision was reasonable given the circumstances. 83 The HR Adviser - A senior member of Human Resources will advise those hearing the appeal on matters of procedure, employment law and best practice. HR will also provide an administrator to act as clerk to the hearing and take a record of proceedings. Conduct of appeal hearings 84 The person(s) hearing the appeal will consider the written submissions of the Appellant and Responding Manager, together with any oral statement they might wish to make. Both sides may question each other and call and question witnesses in support of their case. If witnesses are called, they may only remain at the hearing for the period of their evidence and questioning. At the end of the appeal, both sides will be given the opportunity to sum up. 85 The hearing will then be adjourned while the case is considered and a decision made by the person(s) hearing the appeal. If deemed necessary by the person(s) hearing the appeal, the adjournment may be extended to allow further investigation to take place, in which case the hearing would be re-convened. 86 The Appellant will receive written notification of the outcome of the appeal within ten working days of the hearing. He or she will also be advised that the outcome of their appeal marks the end of internal consideration of their case. Outcomes 87 The available outcomes under this Appeals procedure are as follows: 87.1 Appeals other than against dismissal Page 11

12 To allow the appeal and expunge the decision from the appellant s record. OR To adjust the decision (not to a higher sanction) OR To dismiss the appeal Appeals against dismissal Variations To allow the appeal and reinstate the appellant. OR To allow the appeal but impose a warning in accordance with Stages of disciplinary action and outcomes above. OR To reject the appeal and uphold the dismissal. 88 In certain circumstances, it may be necessary to vary the application of this Procedure (or its timescales), for example: where an employee raises a grievance during a disciplinary process. Variations will normally be implemented with the agreement of the parties concerned, but where it is deemed necessary in the interests of justice to vary the procedure in circumstances where the employee is not willing to agree this, the University may implement the variation in any event. 4. Forms/Instructions Not applicable 5. Links/Dependencies This policy should be read and its use considered with reference to: University Sickness Absence and Incapacity Procedures University Capability Policy and Procedure University Grievance & Complaints Procedure University Equality and Diversity Policy Acas Code of Practice on Disciplinary and Grievance Procedures (2009) 6. Appendices Appendix 1: Examples of misconduct likely to lead to disciplinary action at different stages of the procedure Page 12

13 Appendix 1: Examples of misconduct likely to lead to disciplinary action at different stages of the procedure NOTE: These examples are for illustrative purposes only and are not an exhaustive list. The disciplinary action taken at every stage of this procedure will be determined by the specific facts of the case in question, and thus may vary from the illustrations here. Stage 1 Oral Warning This Stage applies to acts of Minor misconduct such as: Persistent lateness for work; Unauthorised use of University telephones, stationery, office equipment or similar property; Failure to conform to appropriate standards of dress or personal hygiene; A first failure to adhere to University health and safety procedures which has not led to injury or damage; Minor failure to follow other University or work related procedures e.g. sickness absence notification. Stage 2 Written Warning This Stage applies to repetition of an act for which an employee has previously received an Oral Warning OR To a first act of more Serious misconduct, such as: Disruptive or abusive behaviour likely to affect the efficient working of the employee s immediate colleagues; Discourtesy to a student, employee, supplier, or member of the public having business with the University; Misconduct in relation to official documents of the University through neglect; Failure to follow health and safety procedures which has led to minor injury or damage; Stage 3 Final Written Warning This Stage applies to repetition of an act for which an employee has previously received a Written Warning OR To a first act of Major misconduct, such as: Use or attempted use of position in the University for private advantage, or the advantage of another individual; Knowingly making a false, misleading or inaccurate entry to an official document of the University; Failure to follow University or work related procedures, so as to incur financial loss to the University. Stage 4 Dismissal or Summary Dismissal ( without notice) Dismissal applies to repetition of an act for which an employee has previously received a Final Written Warning Summary Dismissal applies to acts of Gross Misconduct only, examples of which include: Acts of theft, fraud or deliberate falsification of records for personal gain; Physical violence: fighting or assault on a colleague, student, supplier or member of the public having business with the University; Page 13

14 Breach of confidentiality in relation to the business of the University; Disruptive or abusive behaviour, including insubordination, likely to affect the efficient working of the employee s work unit or the reputation of the University; Unauthorised or unreasonable consumption of alcohol on University premised or on University business; Discrimination or harassment or bullying on grounds of race, sex, sexual orientation, age, religion or disability; Negligent or intentional misuse of University properly, resulting in financial loss; Deliberately and improperly accessing storing or transmitting pornographic, offensive or obscene material on University IT equipment or on its premises; Failure to adhere to health and safety Misuse, negligent or willful damage to procedures which has led, or could have led, to significant injury or loss. Gambling or supporting acts of gambling on University premises which are detrimental to the good name of the University; The possession of illegal drugs, or being under the influence of illegal drugs on University premises or on University business; Being unreasonably under the influence of alcohol at work; Discrimination or harassment or bullying on grounds of race, sex sexual orientation, age, religion or disability causing substantial damage to the good order or name of the University; Acts of gross negligence or insubordination; Sexual misconduct on University premises or on University business likely to undermine the good order or name of the University; Soliciting or acceptance of bribes; Misuse, negligent or willful damage to University property, or the property of students or employees, causing unacceptable loss or damage; Bringing the University into disrepute; Serious breach of confidentiality (subject to the Public Interest (Disclosure) Act 1988); Prosecution for an offence o utside work affecting staff or external relations, or the ability of the employee to perform effectively in the role for which they are employed, e.g. assault, theft, fraud, sexual offences, drink driving. Page 14