2.3 Disciplinary Rules

While working for us you should at all times maintain professional and responsible standards of conduct. In particular you should:

1. Observe the terms and conditions of your contract, particularly with regard to:
   1. Hours of work;
   2. Confidentiality;
   3. Maintaining professional boundaries at all times;
2. Ensure that you understand and follow  the codes of conduct / practice which is available to view via the following links: Code of Conduct Procedure and Care Council for Wales website
3. Observe at all times professional boundaries in the provision of care
4. Observe all our policies, procedures, practice external practice protocols and regulations and best practice which are included in the website or notified to you from time to time by means of notice boards, e-mail, the intranet or otherwise;
5. Take reasonable care in respect of the health and safety of colleagues and third parties and comply with our Health and Safety Policy;
6. Comply with all reasonable instructions given by managers; and
7. Act at all times in good faith and in the best interests of our business, persons in our care and staff.

The following are examples of matters that are normally regarded as gross misconduct:

• Theft, or unauthorised removal of our property or the property of a colleague, contractor, young person or member of the public;
• Fraud, forgery or other dishonesty, including fabrication of expense claims and time sheets;
• Deliberate falsification of Company records;
• Actual or threatened violence, or behaviour which provokes violence;
• Smoking in non-smoking areas;
• Continuous unauthorised absence in excess of 5 working days;
• Excessive use of our telephones for personal calls;
• Excessive personal use of a mobile phone provided by Bryn Melyn Care for business use
• Using obscene language or other offensive behaviour which has the potential to create an intimidating, hostile or offensive environment;
• Deliberate damage to our buildings, fittings, property or equipment, or the property of a colleague, contractor, customer or member of the public;
• Serious misuse of our property or name;
• Deliberately accessing internet sites containing pornographic, offensive or obscene material;
• Repeated or serious failure to obey instructions, or any other serious act of insubordination;
• Unlawful discrimination or harassment;
• Bringing the organisation into serious disrepute;
• Being under the influence of alcohol, illegal drugs or other substances during working hours, even where the alcohol has been provided by Bryn Melyn Care;
• Causing loss, damage or injury through serious negligence;
• Serious or repeated breach of health and safety rules or serious misuse of safety equipment;
• Serious breach of trust and/or confidence;
• Acceptance of bribes or other secret payments;
• Accepting a gift above minimal value from a young person, supplier, contractor or other third party in connection with your employment without prior consent from your line manager;
• Conviction for a criminal offence that in our opinion may affect our reputation or our relationships with our staff, young people or the public, or otherwise affects your suitability to continue to work for us;
• Possession, use, supply or attempted supply of illegal drugs;
• Serious neglect of duties, or a serious or deliberate breach of your contract or operating procedures;
• Knowing breach of statutory rules affecting your work;
• Unauthorised use, processing or disclosure of personal data contrary to our Data Protection Policy;
• Harassment or discrimination against employees, contractors, young people or members of the public on the grounds of gender, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, disability, religion or belief or age contrary to our Equal Opportunities Policy or our Anti-harassment and Bullying Policy;
• Refusal to disclose any of the information required by your employment or any other information that may have a bearing on the performance of your duties;
• Giving false information as to qualifications or entitlement to work (including immigration status) in order to gain employment or other benefits;
• Knowingly taking parental, paternity or adoption leave when not eligible to do so or for a purpose other than supporting a child;
• Making a disclosure of false or misleading information under our Whistle blowing Policy maliciously, for personal gain, or otherwise in bad faith;
• Making untrue allegations in bad faith against a colleague;
• Victimising a colleague who has raised concerns, made a complaint or given evidence information under our Whistle blowing Policy, Anti-harassment and Bullying Policy, Grievance Procedure, Disciplinary Procedure or otherwise;
• Serious misuse of our information technology systems (including misuse of developed or licensed software, use of unauthorised software and misuse of e-mail and the internet) contrary to our Electronic Information and Communications Systems Policy;
• Undertaking unauthorised paid or unpaid employment during your working hours;
• Unauthorised entry into an area of the premises to which access is prohibited.
• Criminal offences outside of work (including fraudulent activities such as claiming benefits where there is no entitlement to do so.
• Inappropriate conduct towards or contact with the public, young person, fellow employees.
• Unauthorised removal and use of Bryn Melyn Care property.
• Failure to report or record any matter which it is the employee’s contractual duty (either expressed or implied) to report.
• Fighting or acts of violence at the work place, serious threatening or abusive behaviour towards members of the public, young people, fellow employees.
• Being incapable of adequately performing duties as a result of the abuse of alcohol or drugs.
• Falsification of documents likely to be of financial benefit to the employee or other persons e.g. time sheets, bonus/expense claims, qualifications etc.
• Serious breach of Health and Safety Procedures. Obtaining employment by lies or deception in the course of selection procedures.

This list is intended as a guide and is not exhaustive.

In some cases we may at our discretion consider alternatives to dismissal. These will usually be accompanied by a final written warning. Examples include:

• Demotion.
• Transfer to another department or job.
• A period of suspension without pay.
• Loss of seniority.
• Reduction in pay.
• Loss of future pay increment or bonus.
• Loss of overtime.