A legal guide to gross misconduct at work

Dealing with allegations of gross misconduct at work

An allegation of gross misconduct at work is a serious matter, and not one that should be approached lightly. If upheld, gross misconduct often results in immediate dismissal from your job and can be very damaging for your future career.

With the stakes so high, it is critical that your employer follows the correct procedures following a gross misconduct allegation, and that your rights as an employee are upheld.

In this guide, we explain what gross misconduct means, the processes your employer should follow, the rights you are entitled to as an employee, and what to do if you feel you have not been treated fairly.

What does gross misconduct mean?

Gross misconduct at work refers to a behaviour or action carried out by an employee that fundamentally breaches not just the terms of their employment contract, but also the trust and confidence essential to their role.

It typically involves deliberate wrongdoing or gross negligence that is significant enough to justify immediate dismissal without notice or payment in lieu of notice, even for a first offense. This is also known as summary dismissal.

What are examples of gross misconduct at work?

What counts as gross misconduct can look different in different roles and is ultimately at the discretion of each company. Put simply, for a behaviour or action to amount to gross misconduct, the employee must have fundamentally breached their employment contract and the trust of their employer.

This typically involves (though it is not limited to) one of the following actions:

• Theft or fraud, such as stealing company property or misusing funds
• Gross negligence, which could involve a failure to follow standard procedures which can resulted in unnecessary risk or damage
• Serious insubordination (knowingly and wilfully refusing a reasonable and lawful instruction)
• Breach of confidentiality, whether by carelessness or negligence, or deliberately sharing sensitive information without authorisation
• Substance abuse at work, including drinking alcohol or taking drugs
• Discrimination or harassment of colleagues, customers or the public
• Violence or threatening behaviour towards others
• Severe health and safety violations that put colleagues, customers, or the public at severe risk of harm

Employers will have more specific guidance as to what they consider gross misconduct. It’s recommended when starting a new job, you should familiarise yourself with these policies.

What is the procedure for gross misconduct allegations?

The disciplinary process at many workplaces will include a prompt and impartial investigation into the alleged misconduct, during which the employee may be suspended with pay. The employer will provide written notice of the allegations to the employee, detailing the charges and a disciplinary hearing is scheduled, giving the employee sufficient time to prepare. This preparation could be organising to have a colleague or a union representative with them at the hearing, as it their right.

During the hearing, evidence is presented, and the employee is given an opportunity to defend themselves against the allegations. The employer carefully considers all facts and evidence before making a decision.

The decision is communicated in writing, including the reasons for the decision. The employee is clearly informed of their right to appeal the decision, and the process for doing so, often through a letter of appeal against dismissal for gross misconduct.

Gross misconduct at work: Award-winning legal support from Slater and Gordon

Seeking legal advice is crucial when facing allegations of gross misconduct. A lawyer can help you understand your rights and the potential consequences of the allegations. Legal representation can also ensure that your employer follows proper procedures during the disciplinary process and assist in preparing your defence whilst advising on the best strategy to respond to the allegations.

If you’re considering an appeal or believe you’ve been unfairly dismissed, an employment lawyer can guide you through the tribunal process.

Slater and Gordon's experienced solicitors are happy to answer your questions on all aspects of employment law. With decades of experience, we can help with your next steps. Call us on 0330 041 5869 or contact us online.