What is the difference between misconduct and gross misconduct
Cases will be subjected to assessment.
For the purposes of making the assessment and any decision on the seriousness of the conduct the following definitions will be applied:-
Misconduct – a breach of the Standards of Professional Behaviour.
Gross misconduct – a breach of the Standards of Professional Behaviour so serious that dismissal would be justified.
Unsatisfactory performance or unsatisfactory attendance – an inability or failure of a police officer to perform the duties of the role or rank he or she is currently undertaking to a satisfactory standard or level.
An assessment may determine that the conduct alleged amounts to an allegation of unsatisfactory performance rather than one of misconduct. In such circumstances the matter should be referred to be dealt with under the UPP policy.
Equally an assessment may determine that the matter is more suitable to be dealt with through the grievance procedure or may be an issue of direction and control. In such cases the procedures for dealing with such matters, as outlined in Force Policy will be used.
The matter may be moved up to a level of gross misconduct or down to a level of misconduct. In the interests of fairness to the police officer, where a further severity assessment is made which alters the original assessment then the police officer will be informed and will be provided with the reasons for the change in the assessment.
The same principle applies where the initial assessment suggests that the matter is one of misconduct or gross misconduct but subsequent investigation reveals that it is not, and may be, for example, one of unsatisfactory performance. In such cases the police officer will be informed that the matter is now not being considered as a matter of misconduct.