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What's the difference between misconduct and gross misconduct?

Discussion in 'Senior Leadership Team' started by examinations, May 21, 2008.

  1. why, what have you done (allegedly)
     
  2. just some risk assessments stuff which the head is trying to blow out of all proportion
     
  3. sounds like (just) misconduct

    our LA lists are as below but claim only to be exemplars and that some could appear in either/both lists



    9.1 MISCONDUCT

    (i) Absenteeism and lateness, for example:

    (a) Failure to remain at the place of work during normal working hours without permission or sufficient cause for absence.

    (b) Frequent failure to attend work punctually.

    (c) Failure to notify the school immediately or as soon as reasonably
    practicable when absence is due to sickness.

    (d) Failure to provide medical certificates in accordance with the Conditions of Service and current national regulations.

    (ii) Dishonesty - petty wrongs, for example:

    (a) Making unauthorised private telephone calls.

    (b) Sending personal mail at the school?s expense.

    (iii) Unauthorised or excessive use of school equipment such as telephones or computers.

    (iv) Failure to comply with the school?s or County Council?s policies on the use of e-mail, the internet or telephone.

    (v) Neglect of duty, for example:

    (a) Failure to adopt safe working practice/use protective equipment where required by law or management.

    (b) Negligent use of property in such a way as is likely to cause serious damage or loss.


    (c) Failure to discharge obligations placed on the employee by statute, contract of employment or reasonable instructions given
    by the Head.

    (d) Failure to exercise proper control or supervision of pupils or students.

    (e) Failure to report any serious and known losses or damage to any property issued, to or by the employee in connection with his/her
    employment.

    (vi) Abusive, threatening or offensive behaviour or language.

    (vii) Victimisation of other employees or pupils.

    (viii) Unlawful or unacceptable discrimination which is contrary to the school?s adopted policy against other employees, pupils or members of the public.

    (ix) Unauthorised disclosure of information classified as confidential by the Authority or the Governors of the school.

    9.2 GROSS MISCONDUCT

    (i) Dishonesty associated with place of work or job being undertaken, which may warrant dismissal:

    (a) Theft or misappropriation of property belonging to the County Council or any other Authority, a contractor, Governors, trustees, another employee, pupil or other third party.

    (b) Falsification of records or expenses claims.

    (c) Demanding or accepting monies or other considerations as bribe for the use of school property, provision of school services or the showing of favour on behalf of the school.

    (d) Falsification of any information given on an application form for employment in order to gain advantage, whether pecuniary or
    otherwise.

    (e) Falsification of registration of pupils.

    (ii) Serious misuse of school equipment (e.g. of a school computer for access to, or downloading of pornographic material).

    (iii) Criminal activities during the course of employment.

    (iv) Wilful refusal to carry out a reasonable, lawful and safe instruction.

    (v) Wilful refusal to carry out the normal duties of the post.

    (vi) Gross negligence in unreasonably failing to attend to or to carry out the duties of the post over a prolonged period.

    (vii) Wilfully ignoring responsibilities/instructions thus placing other members of staff or pupils at risk of danger; for example, ignoring handling instructions/safety regulations in respect of radioactive materials.

    (viii) Being unfit to perform duties associated with the post as a result of taking alcohol or drugs other than in accordance with medical advice.

    (ix) Acts of violence in the course of employment, including:

    - physical violence towards other members of the school staff, parents, pupils, Governors, members of the public or members/officers of the Authority.

    (x) Conduct incompatible with professional role and status such as:

    - acts of violence,

    - sexual offences,

    - racial offences,

    - drug offences,

    - sexual relations with pupils at the school or for whom the employee has any professional responsibility.

    (xi) Racial or sexual harassment of other employees, pupils or members of the public in the course of employment.
     
  4. i suppose that they could claim gross misconduct under heading vii)
     
  5. Any of that on the list can also be listed as gross misconduct. The list may include but is not limited to that which was named.

    Gross misconduct can be whatever the head teacher and govs wish it to be, I'm afraid. Posting here can be construed as gross misconduct, as I found out to my surprise, dismay and devastation.

    You need to get a good solicitor if your head is trying to put you in a disciplinary for gross misconduct.
     

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