Gross misconduct dismissal

Employers expect a certain standard of conduct from their employees. Where misconduct has occurred an employer should take the employee through a fair disciplinary procedure which may lead to the employee being issued with 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 the employer may be entitled to dismiss the employee without any prior warnings or notice. This is known as a dismissal for Gross misconduct. Gross misconduct dismissal can occur as a result of only one serious breach of trust or contract.

ACAS list the following as acceptable reasons for a 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 an employer has a duty of care to ensure that there is an adequate and fair investigationĀ  and 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 against the employer.

Baileyfields Employment Solicitors are experienced in advising employers on how to proceed in light of a gross misconduct dismissal. We will take you through each step of the process to ensure that all stages are completed in a fair and correct manner. Equally if you are an employee and you feel that your gross misconduct dismissal was unfair, or undertaken without a fair process, we can advise you as to how to proceed.

Contact us now for expert gross misconduct dismissal advice. We offer meetings in Ashford, Tunbridge Wells, London and Brighton and provide a free initial call to discuss your matter and how we can help you. We look forward to advising you further.