What is misconduct?

There are different severities of misconduct that are dealt with differently. Here we list some of the behaviours that would be misconduct, but this not an exhaustive list of all the issues that may lead to a disciplinary action.

More information can be found on the Gov.uk website.

NB. The disciplinary procedure does not form part of your contract of employment.

The disciplinary procedure

1️⃣ Misconduct issue arises

Once a possible conduct issue is brought to our attention, the first thing we’ll do is speak to the person who has brought this to our attention to understand their complaint in more detail.

2️⃣ The investigation

We’ll investigate what has happened and try to understand the situation better by talking to you and your colleagues, to find out if there is an issue that needs to be resolved in a disciplinary action. You may be invited to an investigation meeting during this stage so we can gather this information.

• If we find that there’s no issue, we’ll end the disciplinary procedure here
• If there is an issue, and it’s appropriate, we’ll first try to resolve this with you informally instead of taking a formal disciplinary action
• If we find that the issue can’t be resolved informally, or it’s not appropriate to try to resolve informally because of the severity of the misconduct, we’ll organise a disciplinary hearing

3️⃣ The discussion

We’ll arrange the disciplinary hearing as soon as is reasonably possible, giving you at least 24 hours notice of the meeting time.

We’ll send you a letter and email telling you:

• That you are required to attend the hearing
• When the hearing is
• The reason the disciplinary hearing is needed
• Any evidence gathered during the investigation in step 2️⃣

During the disciplinary hearing you’ll be given the chance to state your case, show your own evidence, and ask any questions you have.

You cannot record your meeting (whether audio, video or taking photos) without the consent of all parties attending the meeting and your Line Manager. You are not permitted to use your mobile phone during this meeting (other than for recording if consent is given).

At the end of the meeting we’ll let you know what will happen next and when you can expect a decision. We’ll usually take some time after the meeting to think about what was discussed and what we think the outcome should be.

4️⃣ The outcome

After the meeting we will share the outcome with you in writing. The table below shows what these outcomes might be, depending on the level of misconduct and the number of other recent warnings that you have had.

🙋‍♂️ Appeals

If you want to appeal the outcome of your disciplinary hearing, you should do this in writing within 5 working days after receiving written notice of the outcome.

You’ll be invited to attend another meeting to discuss the outcome and your reason for appealing. As with the disciplinary hearing, you can be accompanied by a colleague or accredited trade union official if you would like. After this meeting we’ll give you the final decision of the disciplinary action in writing.

NB. This appeal procedure does not form part of your contract of employment.

FAQs