Gross misconduct dismissal advice

Ashford

Crawley

London

Maidstone

Sevenoaks

Tunbridge Wells

What is the procedure for gross misconduct dismissal?

As an employer you are entitled to expect a certain standard of conduct from your employees. Where misconduct occurs you should take the employee through a fair disciplinary procedure, which may lead to a verbal warning, first written warning or final written warning, dependent on the severity of the misconduct or dependent on any live disciplinary sanctions already on file.

Where the misconduct is deemed serious enough, as an employer you may be entitled to dismiss the employee without any prior warnings or notice. This is known as a dismissal for gross misconduct.

ACAS list the following as acceptable reasons for gross misconduct dismissal

Dishonesty, theft or fraud

Physical violence

Gross negligence

Incapacity due to alcohol or illegal drugs

Serious insubordination

However, even in cases of gross misconduct you need to ensure that there is an adequate and fair investigation and that due process is followed. Failing to establish the facts before taking action or before holding a meeting with the employee, or by denying the employee the right to appeal, could be considered unfair at an employment tribunal and ultimately lead to a claim.

Our Employment Solicitors are experienced in advising employers on how to proceed in light of a gross misconduct dismissal. We take you through each step of the process to ensure that all stages are completed in a fair and correct manner, reducing the risk of a potential claim.

Need advice? Call us today & speak to a specialist lawyer

Our employment lawyers can advise you today. Free initial advice call

The Panorama

Park Street,

Ashford

Kent TN24 8EZ

 

01233 822537

Orega Gatwick

City Place

Crawley

Sussex RH6 0PA

 

01293 690200

60 Cannon Street

London

EC4N 6NP

 

 

0207 118 2016

26 Kings Hill Ave

Kings Hill

Maidstone

Kent ME19 4AE

 

01622 919333

Lime Tree House

Lime Tree Walk

Sevenoaks

Kent TN13 1YH

 

01732 316118

Tunbridge Wells

Pantiles Chambers

85 High Street

Tunbridge Wells

Kent TN1 1XP

 

01892 256101

Baileyfields Employment Solicitors are authorised & regulated by the SRA our number is 403745. Details of our professional indemnity insurance are available on request. Baileyfields are a limited company registered in England. Company number 5154925. Website copyright Baileyfields Solicitors Ltd 2024

Website Terms & Conditions of Use I Privacy Policy I Complaints I Diversity