Disciplinary rules
___________________________________________________________________
It is fundamental to the employment relationship that employees will not act in a way
that harms or compromises their employer, neither will they deliberately disregard
reasonable directions from managers or allow negligent, careless or reckless
behaviour to have a negative impact on the service that they provide.
We expect all employees to act as ambassadors for Salford City Council and have
explicit values and an Employee Code of Conduct that underpin this expectation.
The purpose of this document is to make employees aware of the more common
rules and standards of behaviour expected of them and the consequences of
breaching those rules. It should be read in conjunction with the Employee Code of
Conduct which sets the framework for the standards expected. Neither document
are intended to be an exhaustive list and conduct or behaviour not explicitly stated
may still fall below that of what is acceptable and will be dealt with accordingly.
Whilst it is unlikely that any set of rules can cover all situations that may arise a
distinction needs to be made between "Gross Misconduct" and "Misconduct".
Gross Misconduct is generally seen as misconduct serious enough to destroy the
employment contract between the employer and employee and make any further
working relationship and trust impossible. Such an act will render it inadvisable for
the employee to be allowed to remain at work. It is normally restricted to very serious
offences such as, physical violence, theft or fraud or a serious breach of council
policy, but judgements may vary according to the circumstances.
The standards of behaviour expected of council employees, as outlined in the
Employee Code of Conduct, extend beyond the direct employment relationship.
Therefore, in addition to offences committed at work, it may sometimes be necessary
to take disciplinary action in respect of behaviour or actions outside of work. In
addition, a criminal offence resulting in an employee being arrested and / or charged
(whether leading to a conviction or not) may result in disciplinary action and in
certain circumstances be deemed to be gross misconduct.
The main consideration in these circumstances is whether the behaviour or offence
is one that makes the employee unsuitable for their type of work or brings the city
council into disrepute.
If such an act results in a prison or similar custodial sentence the employment
contract could be frustrated by the length of the sentence and the employment
relationship ends at this point.
September 2014
Gross misconduct
Breaches of the disciplinary rules outlined below will normally be classed as gross
misconduct, which may result in summary dismissal i.e. without warning or notice.
The following list, which is not intended to be exclusive or exhaustive, provides some
examples of actions which will normally be regarded as gross misconduct; offences
of a similar gravity will be treated in the same way.
Breaches of key rules, policies and procedures
Serious breach of council rules or policies, examples may include but are not limited
to:
 Employee Code of Conduct
 serious bullying, victimisation, intimidation or harassment
 deliberately failing to observe the council’s confidentiality, data protection and
information security policies
Theft, fraud, corruption and falsifying records
Falsifying records or employee practices which lead to theft, fraud or financial
dishonesty, that result in personal gain for an individual or loss for the council,
examples may include but are not limited to:
 stealing from the council, contractors, clients, members, other employees or
the public
 acceptance of bribes or other corrupt practices
 unauthorised removal of council property
 falsification of timesheets, expense claims, overtime claims, etc
 engaging in other work without permission when notified as absent due to
sickness
Discrimination
Serious or unlawful acts of discrimination.
Disorderly or abusive behaviour
Conduct which is clearly unacceptable and/or offensive to a degree which makes
ongoing employment untenable, examples may include but are not limited to:
 fighting/assault
 intimidation, coercion or threatening behaviour
 vandalism
Negligence
Causing loss, damage or injury through serious negligence.
September 2014
Breach of contract
Serious breach of contract which makes ongoing employment untenable, examples
may include but are not limited to:






refusal to follow reasonable management instruction or gross insubordination
sleeping on duty (except where authorised to do so)
serious breach of professional ethics or professional misconduct
prolonged unauthorised absence without just cause
providing false information during the recruitment process or during ongoing
professional registration
failure to inform the council of any changes in circumstances that materially
affect their employment.
Behaviour in the workplace
Serious insubordination.
Deliberately accessing internet sites containing pornographic, offensive or obscene
material.
Use of city council equipment to knowingly access, receive, store or transmit
pornographic, sexually explicit, offensive or obscene material.
Being unfit to perform duties satisfactorily as a result of taking alcohol or illegal
drugs.
Causing harm to, or placing at risk of harm, a child or vulnerable adult.
Infringements of health and safety
Serious infringements of health and safety duties, responsibilities, procedures or
rules; or other negligent actions which place the health and safety of other persons in
danger, examples may include but are not limited to:
 smoking in identified "no smoking" areas containing inflammable or explosive
materials
 driving a council vehicle in a reckless manner leading to otherwise avoidable
serious injury or death of other persons
 damage to, neglect of, misuse or removal of safety equipment
Breaches of trust and confidence
Conduct inside or outside work which leads to a serious loss of trust and confidence
in an individual as an employee and makes continued employment untenable.
Where an employee is charged with a criminal offence that is inconsistent with their
position.
Misuse of the council’s name or branding.
September 2014
Any action which is likely to bring the council into disrepute, examples may include
but are not limited to:




disclosure and/or publicising confidential information gained in the course of
employment
maliciously undermining the council and it’s decisions through adverse or
negative comments in public statements
making unauthorised statements to the media concerning the business of the
council
serious breach of the Communications and Media Policy
Misconduct
Infringements of work related rules, policies and standards and breaches of the
disciplinary rules outlined below will normally be classed as misconduct. This may
result in disciplinary warnings and ultimately dismissal. The council's disciplinary
procedure will be followed when dealing with misconduct. Some more serious acts of
misconduct which fall short of gross misconduct might justify a final warning in the first
instance if there is not a satisfactory explanation.
Absenteeism and lateness, examples may include but are not limited to:





leaving work during working hours without permission
frequent failure to attend work punctually
failure to notify absence due to sickness in accordance with the agreed
procedures
failure to provide medical certificates, when required
abuse of flexible working arrangements
Dishonesty, minor wrongs, examples may include but are not limited to:




misuse of council equipment
unauthorised use of the internet for personal purposes
failure to report any loss of or damage to any property issued to or used by
the employee
failure to notify the appropriate officer of accidents that have occurred whilst
driving a council owned vehicle
Neglect of duty, examples may include but are not limited to:






failure to wear protective clothing, use protective equipment or adopt safe
working practices
failure to follow procedures for reporting accidents at work, violence to staff or
other notifiable occurrences
insubordination
knowingly being an accessory to a disciplinary offence
making a malicious complaint of harassment and bullying against another
employee
refusal to co-operate with any formal internal investigation
September 2014
Off duty conduct
Undertaking additional employment or activity outside normal working hours which would
be detrimental to the obligations of the employee to satisfactorily perform their duties as
an employee of the city council or which conflicts with the authority's interests.
Undertaking unauthorised employment or activity, outside normal working hours, where
it is a requirement to obtain prior approval.
Breach of council policy
Smoking in city council or other premises where it is contrary to the council's policy.
Breach of the city council's IT Security and Privacy Policy.
Service specific rules
Breach of service – specific rules and guidelines may also be regarded as
misconduct or gross misconduct, dependant upon the circumstances.
There are specific requirements for staff in relation to their conduct with children or
vulnerable adults. Breaches of these requirements will normally be classed as gross
misconduct.