If you have committed an act of gross misconduct, you will normally be dismissed without notice or pay in lieu of notice. Only where there are genuine mitigating circumstances will any form of alternative action be taken.

The following acts are examples of Gross Misconduct offences and as such will render you liable to Summary Dismissal (i.e. Dismissal without notice and without previous warnings). This list is not exhaustive.

• Fighting, physical assault or dangerous behaviour

• Deliberate refusal or wilful failure to carry out a reasonable and lawful direct instruction given by your line manager during working hours.

• Serious insubordination.

• Serious breach of Tracklements rules, policies, or procedures.

• Serious cases of offensive, aggressive, threatening, or intimidating behaviour or excessive bad language.

• Unlawful discrimination, harassment and/or bullying.

• Theft, or misappropriation of Tracklements, colleagues, contractors, clients or visitors’ property.

• Wilful damage or negligence involving damage to property belonging to Tracklements, customers/clients, colleagues, or the general public.

• Performing, arranging, or carrying out any work or activity which could be considered to be in competition with, or which adversely affects in any way, Tracklements interests.

• Fraud or any other illegal offence committed against Tracklements, employees, contractors, or clients.

• Bringing Tracklements into disrepute, including but not limited to, making negative or disparaging comments on social media sites or similar.

• Drinking alcohol during working hours, being under the influence of alcohol/drugs and/or drug abuse.

• Being in possession of or dealing in illegal drugs whilst at work.

• Breach of safety rules and/or any action, which seriously endangers the health or safety of an employee, or any other person(s) whilst at work.

• Deliberately making a false entry in the written records of Tracklements.

• Knowingly giving false information or deliberately omitting relevant information on the job application form, curriculum vitae, or at any time during the recruitment process for example at interview or during discussions prior to the offer of employment.

• A disclosure made in bad faith or concerning information which you do not substantially believe is true or is made for personal gain.

• Victimisation of a fellow worker or subjecting a fellow worker to detriments because of a public disclosure claim.

• Inaccurate or fraudulent recording of financial transactions.

• Unauthorised access to or disclosure of any confidential information from whatever source including any personal data under Data Protection legislation.

• Making a false declaration to Tracklements including but not limited to the falsification of working hours or expenses.

• Criminal offence causing harm to the reputation of Tracklements or relations with Tracklements employees, suppliers, contractors, or clients.

• Acts of gross negligence or misconduct involving careless or reckless driving, including the use of hand-held mobile phones whilst driving.

• Loss of driving licence on conviction when driving is all or an essential part of the job requirements.

• Indecent or lewd behaviour of a serious nature.

• Smoking in designated non-smoking areas or inside Tracklements premises and/or vehicles.

• Abandoning duty without notification.

• Breach of the Computer and Electronic Devices Policy.

• Breach of the Anti-Bribery Policy.

The Appeal Procedure does not form part of your contract of employment.

If you wish to appeal against any disciplinary decision, it should be made in writing, stating the ground(s) on which the disciplinary penalty should be reviewed. You should submit this within 5 working days. You will be invited to attend a meeting and you should take all reasonable steps to attend.

A Director senior to the one who made the original decision will hear the appeal. In the rare circumstances where this is not possible, alternative arrangements will be agreed with the employee and their companion.

The appeal hearing will be heard as soon as practically possible, normally within 10 working days of receipt of your appeal. You will be given at least 24 hours’ notice of the date of the appeal hearing and the outcome will be communicated to you in writing. You will be given the opportunity to be accompanied at the meeting by a colleague or an accredited trade union official.

It is not permissible to record, whether audio and/or visual, any meetings which take place as part of this procedure, without the express written authorisation of Tracklements.

The decision of the Director (or authorised deputy) shall be final.