Sometimes a person's strengths in the workplace can make the bully feel threatened, and that triggers their behaviour. If you suspend them, do so on full pay. â The right to be notified of the evidence in support of the allegations. 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. In its clarification, the university said it was a mistake in the updated policy that meant that the passage referring to “gross misconduct” was left out. Without following a fair procedure, you leave yourself open to an unfair dismissal claim. "Misconduct" includes something seen as unacceptable as well as criminal offenses e.g. Inform them of the allegations made against them. The Office for Students (OfS), which has a role in regulating universities, is now looking into the controversy amid mounting disquiet among staff, students and others who are concerned that Gast and Sanderson are still in post. Some business owners use the term flippantly. And make it clear that a suspension is not a sanction—you're just taking them out of the limelight, so to speak. The Imperial branch of the University and College Union called this week for the resignation of Gast and Sanderson for gross misconduct, with the union citing the college’s own statutes. Some gross misconduct examples are: Intoxication while at work; Violence at work; Serious health & safety breaches; Bullying; Harassment; Discrimination; Ultimately it is up to you to decide what constitutes misconduct, but you have to be consistent. Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. However, shortly before staff were told of the inquiry, the wording of the policy was changed to read: “Zero-tolerance means any complaints must not be ignored and will be investigated. This type of cookie collects information in a way that does not directly identify anyone. stealing or sexual harassment). Exclusive: Imperial College London says wording was published without approval, Last modified on Fri 18 Dec 2020 17.15 EST. It is hard to define gross misconduct because there are so many examples of it. Clarifications have now also been published on the university’s website stating that the changes were due to a “clerical error” and the provost has launched a formal investigation to find out what occurred. Call Croner's employment law experts today on 01455 858 132. Serious misuse of an organisation's name or property. Bullying can make working life miserable. Anger has been exacerbated by the fact that at least two of the people who were bullied have left the university. â The right to know the allegations. You must ensure you follow a fair and reasonable disciplinary procedure. Gross misconduct is an action or behaviour that breaks the implied contractual term of trust and confidence between an employee and employer. Creating a working environment where all staff are treated with respect and everyone feels valued is key to the prevention of bullying behaviours. Gross misconduct can be defined as; Where the misconduct is such that it breaches the bond of trust that must exist between employer and employee, to such an extent that it effectively ends the relationship and warrants dismissal without notice. Before the changes, Imperial’s policy on harassment and bullying stated: “Harassment, bullying and victimisation are viewed as gross misconduct, and disciplinary action, including dismissal, may be taken if any complaint of harassment, bullying or victimisation is upheld.” It was this wording, which had been in place for at least three years, that informed the investigation into the bullying allegations. The conduct must be deliberate or amount to gross negligence, which then entitles the employer to dismiss an employee with immediate effect, and without any notice. Fair Work Regulation 1.07 defines serious misconduct. Employers may be reluctant to dismiss workplace bullies for fear of dealing with an unfair dismissal claim, but as Saul Harben and Steve Bowler show, a recent decision by Fair Work Australia indicates that dismissal may be warranted so the employer can ⦠With your permission, we’d also like to set optional Google analytics cookies to help us improve our service, however, we won’t set optional cookies unless you enable them. Is bullying a criminal offence and therefore already classified as gross misconduct. When dealing with any misconduct case, including allegations of harassment or bullying, employers must bear in mind the fundamental rights of the employees who are facing the misconduct allegations. Serious misconduct is conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract. Once you make your decision, inform your employee in writing. Three of the key principles. 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