1.Introduction Employment Rights Act, 1996 (Amended by the Employment Rights Act 2002)

DISCIPLINARY RULES

1. INTRODUCTION – EMPLOYMENT RIGHTS ACT, 1996 (AMENDED BY THE EMPLOYMENT RIGHTS ACT 2002)

Under the Employment Rights Act 1996, (amended by the Employment Act 2002) the written statement of main terms must include a note specifying any disciplinary rules applicable to employees or referring employees to a document, which is reasonably accessible to them, specifying such rules.

The object of the attached document on Disciplinary Rules is twofold:

 to fulfil the Council’s obligations under the Employment Act, 1996 (amended by the Employment Act 2002) and  to ensure that each employee is aware of the general standard of conduct and work performance expected of him or her.

2. WHY HAVE DISCIPLINARY RULES, POLICIES AND PROCEDURES?

Disciplinary rules, policies and procedures are necessary for promoting fairness and order in the treatment of individuals and in the conduct of industrial relations. Rules set standards of conduct at work; the Disciplinary Policy and Procedure help to ensure that the standards are adhered to and provides a fair method of dealing with alleged failures to observe them.

3. DISCIPLINARY RULES – LIMITATIONS

It is unlikely that any set of disciplinary rules can cover all circumstances that may arise; moreover the rules required will vary according to particular circumstances such as the type of work, working conditions and size of the establishment.

4. SCOPE

These Rules apply to all Council employees, except those in schools with delegated powers, and Registration Officers in specific cases where the Registrar General has responsibility.

5. DISCIPLINARY RULES APPLYING GENERALLY TO EMPLOYEES

The following Disciplinary Rules are applicable to you as an employee of the Council.

 Whilst it is not possible to list all offences or to specify the nature of the disciplinary action to be taken in each case, every offence will be carefully considered and disciplinary action taken in accordance with the Council’s Policy on Discipline and the Disciplinary Procedure

Version: Version 1 Date: 5TH December 2014

Document Status: HR Disciplinary Rules File Reference: Policy Master/Disciplinary 1 of 8 depending upon the gravity of the case and in the light of all circumstances. Thus, although the conduct listed below under “Disciplinary Rules” is mainly divided into “Gross Misconduct” and “other Misconduct”, certain misconduct will by virtue of the gravity of the particular circumstances constitute gross misconduct, and certain gross misconduct will by virtue of the extenuating circumstances constitute misconduct only.

Employees will not normally be dismissed for the first offence, but there are certain cases of gross misconduct where dismissal could result without there being any previous recorded offences.

 Employees within the scope of the National Joint Council for Local Government Services (i.e. “The Green Book”) are specifically reminded of the paragraph on Official Conduct which states: “Employees will maintain conduct of the highest standards such that public confidence in their integrity is sustained”.

6. DISCIPLINARY RULES – CONDUCT

6.1 Gross Misconduct

The following list indicates within broad parameters, the type of conduct which could constitute gross misconduct.

 Fighting during working hours and/or at a work place.

Additional supporting guidance The use of physical violence, serious verbal aggression, and/or menacing behaviour.

 Wilful damage to the Council’s property.

Additional supporting guidance Wilful or deliberate damage to Council property, premises, fixtures, fittings or equipment or anyone else's property on Council premises.

 Intimidation of other employees.

Additional supporting guidance Any form of bullying, harassment or intimidation by any means including social media.

 Any act of discrimination, or wilful omission leading to discrimination, against an employee of the Council, or other person linked to the Council’s business (e.g. customer, supplier, member of the public).

Additional supporting guidance Any act of serious discrimination against a colleague, client or customer of the Council.  Any act of personal/sexual harassment.

Additional supporting guidance Any form of bullying, harassment or intimidation by any means including social media. .

 Abuse of a client, customer etc. (physical or verbal)

Additional supporting guidance The use of physical violence, serious verbal aggression, and/or menacing behaviour.

Please note that, dependent on the level and seriousness of each case, certain allegations could be gross misconduct or misconduct.

 Any criminal activities during working hours (e.g. theft, assault).

Additional supporting guidance Any instance of theft or unauthorised removal of Council property or theft from a member of the general public or staff. The use of physical violence, serious verbal aggression, and/or menacing behaviour

 Any wilful act or omission endangering life or limb.

Additional supporting guidance A serious failure to act, which would cause damage to property or equipment or threaten the health or safety of another member of staff or the general public

 Driving employer’s vehicle whilst under the influence of alcohol or drugs or whilst otherwise unfit to do so.

Additional supporting guidance Serious breaches of health and safety regulations endangering self or other people and including the misuse of safety equipment.

 Driving employer’s vehicles without an appropriate driving licence.

Additional supporting guidance Serious breaches of health and safety regulations endangering self or other people and including the misuse of safety equipment.

 Serious criminal activities outside the working hours.

Additional supporting guidance Any serious criminal activities outside of working hours which may impact on the employee continuing in their role. Dependant on the nature of the criminal activity it may also bring the Council into

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 Sexual activity during working hours.

Additional supporting guidance Any act of a sexual nature including accessing pornography, having sex at work, pestering work colleagues in a sexual manner, sending emails of a sexual nature.

 Any act or omission calculated to defraud the employer e.g. falsification of time sheets/bonus sheets.

Additional supporting guidance Any deliberate attempt to defraud the Council, its staff, visitors or the public, including for example, falsification of qualifications that are a requirement of employment falsifying expenses, timesheets or records of financial transactions, claiming occupational sick pay whilst working for a different employer, falsely claiming to be ill, staging an accident at work, using excessive amounts of works time for personal activities, claiming benefits unlawfully and so on.

 Incapacity on duty due to the effects of alcohol or drugs.

Additional supporting guidance Influence to the extent of being unable to carry out the duties of the post in a satisfactory manner or endangering fellow employees or visitors. Consideration needs to be given to the effects of prescription mediation

 Improper disclosure of confidential information.

Additional supporting guidance Deliberate disclosure of confidential information to unauthorised persons with the intention to cause harm to the organisation or its employees.

 Actions which could damage the public image of the Council.

Additional supporting guidance Any activity inside or outside of work that may result in serious damage to the reputation of the council, for example criminal activities outside of work, abuse of children/vulnerable adults, fraud, theft, inappropriate use of social media or the internet and using a mobile phone whilst driving a Council vehicle.

 Professional misconduct.

Additional supporting guidance Where the professional body investigates issues and professional status is revoked as a result.  Breaches of the standards contained in the Code of Conduct for Employees

Additional supporting guidance Serious breach of Council policies and procedures including Code of Conduct. The unauthorised acceptance of money, goods, favours or excessive hospitality in respect of services rendered, or breaches in statutory regulations that would render the Council or its employees liable to prosecution.

 Making untrue allegations frivolously, maliciously or for personal gain under the Council’s Policies eg Confidential Reporting (Whistleblowers’) Policy and Grievance Policy.

Additional supporting guidance Serious breach of Council policies and procedures including making false allegations under the Whistle-blowing Policy and/or Grievance Policy

 Non-compliance with the Council’s Information Technology or Freedom of Information policies or legislation.

Additional supporting guidance Serious breach of Council policies and procedures including IT resources.

The above list is not exhaustive or exclusive. Any similar type of conduct will be construed as forming part of this list.

Gross misconduct such as that listed above will normally result in dismissal without notice, however the circumstances of each case will be fully considered and if they are sufficiently mitigating, a more lenient course of action may be taken.

6.2 Misconduct other than Gross Misconduct

The following are actions or omissions which constitute a breach of discipline to be dealt with under the Local Disciplinary Procedure.

 Lateness

Additional supporting guidance Failure to turn up for work at the allocated start time without notification or good reason, usually this will be of a regular nature which has previously been raised by the line manager.

 Unauthorised absence from duty.

Document Status: HR Disciplinary Rules File Reference: Policy Master/Disciplinary 5 of 8 Additional supporting guidance Failure to follow reporting procedures relating to absences from work, unless exceptional circumstances prevent this.

 Failure to adhere to working hours.

Additional supporting guidance Not completing the contracted hours of work. Leaving work before the agreed finish time without permission.

 Insubordination or refusal to obey a reasonable instruction.

Additional supporting guidance Ignoring a request from a line manager to carry out a work related task.

 Wilful hindering of production or of work schedules.

Additional supporting guidance Wilful or deliberate damage to Council property, premises, fixtures, fittings or equipment or anyone else’ s property on Council premises.

 Abuse of any uncertified/self certified sickness provisions.

Additional supporting guidance Failure to follow reporting procedures relating to absences from work. Failure to provide the required documentation for absences eg fit notes.

 Wilful failure to produce work of the required standard.

Additional supporting guidance Failure to reach required level of performance in quality and/or quantity of work as outlined in the job profile, work procedures.

 Failure to maintain a satisfactory level of work output

Additional supporting guidance Failure to reach required level of performance in quality and/or quantity of work as outlined in the job profile, work procedures.

 Criminal activities.

Additional supporting guidance Minor criminal offences inside or outside of work.

 Unauthorised destruction, mutilation, alteration, addition to or erasure of official documents. Additional supporting guidance Deliberate malicious damage, amendments or destruction of Council documentation and records.

 Disregard of safety practices procedures and rules.

Additional supporting guidance Failure to follow safety/security rules/process. Failure to report accidents/incidents/injuries.

 Unauthorised presence on the Council’s property.

Additional supporting guidance Allowing unauthorised access to property, data, vehicles.

The above list is not exhaustive or exclusive but again illustrates the sort of conduct that will, if known about, necessitate action under the Council’s Disciplinary Procedure.

7. CUMULATIVE CONDUCT

A single act of ordinary misconduct will not in itself normally justify dismissal, but it must be clearly understood that under the concept of cumulative misconduct, i.e. the “totting up procedure” this act, when added to others, may result in dismissal (for live warnings)

8. OBSERVANCE OF SAFETY RULES

Under the Health and Safety at Work Act, 1974 it is the duty of every employee whilst at work, to take reasonable care for the health and safety of him/herself, and of other persons who may be affected by his/her acts or omissions and to co-operate with the Council to enable the Council to carry out any duty or requirements imposed by the Act and any other relevant health and safety regulations.

Although all safety rules must be stringently observed the following list identifies the areas of particular importance:-

 Operating plant and machinery or carrying out any work without authority or instruction.

 Operating plant or machinery in the absence of the correct safety guards or devices, or with defective safety guards or devices unless there are exceptional circumstances prohibiting this.

 Removing or interfering with the safety guards or devices without authority.

 Altering or adjusting machinery speeds or operations without authority.

 Failure to replace safety guards or devices. Version: Version 1 Date: 5TH December 2014

Document Status: HR Disciplinary Rules File Reference: Policy Master/Disciplinary 7 of 8  Using plant or machinery for unauthorised purposes.

 Failure to conform to safe systems of work laid down.

 Failure to observe safety precautions, safety rules and regulations.

 Work on equipment (e.g. electrical equipment) other than by properly authorised persons.

 Work involving dangerous materials (e.g.. asbestos, lead, chemicals etc.) without proper precautions and/or authorisation.

 Use of unauthorised equipment.

 Failure to use or wear safety equipment and/or personal protective equipment provided by the Council and identified as being necessary by risk assessment, safe systems of work etc.

 Smoking in prohibited areas, (e.g. petroleum stores).

 Endangering by act or omission any employee or other person.

 Failure to comply with terms of permit-to-work system or lock-off system or similar safety system or procedure where they are in operation.

 Causing or contributing to unsanitary or unhealthy conditions, e.g. smoking in areas where food is being prepared.

It is the duty and responsibility of all management and supervisory employees TO ensure that safe plant and equipment, safe systems of work, safe places of work and access thereto, and a healthy environment are provided and used by all employees and that sufficient information, instruction, training and supervision is provided to ensure the health and safety of employees.

9. FURTHER INFORMATION

For further information or for reference to the documents mentioned in these Disciplinary Rules, please consult the Human Resources Employee Relations team.

10. DISCIPLINARY RULES HISTORY

Implementation: October 1998 Revised: June 2005