Barnardo's regards certain acts to be so serious as to render the member of staff liable to summary dismissal, e.g. without previous warnings, notice or payment in lieu of notice
Gross misconduct is where the misconduct is serious enough to destroy the employment contract between the employer and the member of staff and make any further working relationship and trust impossible.
In situations where there is potential gross misconduct, a formal disciplinary interview MUST still be held.
In cases which appear to involve gross misconduct, the member of staff must always be suspended while the facts are being gathered. However, you MUST read point 11 in Applying the Disciplinary Procedure before suspending a member of staff.
The following are examples of gross misconduct that could result in dismissal, unless there are exceptional circumstances or genuine mitigating factors. (The list is not exclusive or exhaustive).
- Misconduct involving a child
- Performance/conduct which puts at risk Barnardo's reputation as a provider of Children's Services.
- Sexual relationships between a member of staff in a position of trust and a service user aged 16-18/vulnerable person
- Failure to report a child protection matter
- Performance/conduct including negligence which puts at risk Barnardo's funds or resources
- Dishonesty
- Theft, fraud, falsification of records
- Fighting, assault, sexual abuse, serious verbal abuse, written abuse (e.g. email)
- Improper use or handling of Barnardo's equipment
- Sending inappropriate email or material in email
- Illegal copying of computer software, downloading or using unauthorised software.
- Deliberately access web sites containing offensive material
- Deliberately accessing, downloading and/or circulating pornographic material, either verbal or pictorial
- "Hacking" into internal or external systems
- Deliberate or grossly negligent sabotaging and/or interfering with internal or external computers systems whilst using Barnardo's equipment/systems.
- Deliberate damage to Barnardo's property
- Serious incapacity through alcohol, illegal drugs or solvent abuse
- Serious negligent conduct or performance
- Flagrant disregard of a reasonable management instruction
- Deliberate refusal to attend work
- Flagrant disregard of health and safety procedures
- Race, sex, disability, age, sexual orientation or religious discrimination
- Flagrant disregard of Barnardo's harassment policy
- Bullying, harassing or intimidating behaviour
- Breach of Confidentiality
- Breach of the Care and Control Policy
Outstanding accrued holiday entitlement will be paid in the case of dismissal for gross misconduct in line with current legal requirements.
