“I’ve been dismissed for gross misconduct”
If you have committed misconduct, it may be fair for your employer to dismiss you.
If you breached your employment contract a series of times, you might be dismissed after receiving a series of warnings and a final warning. In this case, you would be entitled to your full notice or payment in lieu of notice.
If you carried out a single act of serious misconduct or negligence, known as “gross misconduct”, you might be dismissed instantly. Check your contract of employment and/or staff handbook, as those documents will normally include examples of behaviours that will be considered gross misconduct by your employer. In this case, you don’t get warnings, notice, or payment in lieu.
What can you do about it?
If you worked at your employer for two years or more (or one year in Northern Ireland), and think the reason you lost your job does not count as gross misconduct, you might be able to make a claim for unfair dismissal.
If you worked there for less than two years (or one year in Northern Ireland), and think the reason you were dismissed doesn’t count as gross misconduct, you might be able to make a claim for wrongful dismissal.
Wrongful dismissal
If you can show you have not committed an act of gross misconduct, then you should have been given notice or paid in lieu when you were dismissed. This is against the terms of your employment contract, so you can make a wrongful dismissal claim – this is really a claim for breach of contract.
If you win, you will receive the payment that was due to cover your notice period, and can be especially worthwhile when you have a lengthy notice period, or extended length of service.
What this means to you
When dismissing employees, employers must follow a fair process. If they don’t, it counts as unfair dismissal and you may be awarded compensation.
We are expert employment lawyers who only act for employees, not employers. This means we’re on your side. If you’ve been dismissed for misconduct, or gross misconduct, give us a call. We’ll advise on your chances of winning a claim in the employment tribunal, and provide expert advice every step of the way.
Related reading
For more information on this subject, you may find our other articles useful:
- I’ve been unfairly sacked for misconduct
- Reliable checklist to see if you’ve been unfairly dismissed
- I’ve been dismissed because I broke the rules
Need help?
For a FREE assessment of your case, call 0808 168 7288 or complete a Free Online Enquiry.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.