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
Incapacity due to alcohol or illegal drugs
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.
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