What does gross misconduct mean?
- Seen the phrase ‘gross misconduct’ and wonder what it means?
- Been accused of gross misconduct?
- Lost your job due to gross misconduct?
Let’s break it down. ‘Gross’ means big, while ‘misconduct’ is conduct or behaviour that you shouldn’t do because it’s unprofessional or unethical.
It could be any behaviour that breaks the contract between you and your employer – behaviour so bad that they won’t tolerate it. If you do anything of these things, you might be sacked immediately, without even working your notice or being paid for your notice period. Being fired this way is called ‘instant dismissal’ or ‘summary dismissal’.
To sack you instantly, your employer must follow the guidelines set out by Acas to be fair, lawful and consistent. For example, they must not discriminate against you. If they fail to follow the proper process, you may have the right to make a claim for unfair dismissal.
We are expert employment lawyers who act for employees who’ve been treated badly at work. Give us a call and we’ll talk you through your chances of winning your case.
What counts as gross misconduct?
Here are some of the behaviours that would typically count as gross misconduct and result in you being dismissed ‘on the spot’:
- Any action or inaction that puts other employees in danger
- Being under the influence of alcohol or drugs at work
- Being aggressive or intimidating to others
- Being disrespectful to your boss or others (this is known as insubordination)
- Bullying, assaulting or fighting with a colleague
- Breaking health and safety rules
- Breaking confidentiality by sharing company secrets
- Deliberately destroying company property
- Failing to take proper care (this is called negligence)
- Falsifying documents
- Fraud
- Gaining from industrial espionage
- Harassing a workmate, including sexual harassment
- Ignoring the company policy on using their internet or email system
- Lying and dishonesty
- Making false expenses claims
- Offering or accepting bribes
- Setting up a new company in competition with your employer
- Stealing items or money from the company or your colleagues
- Using work premises for personal use
As you can see, it’s a long list, and it’s not exhaustive. Check your employment contract or staff handbook for the specific list of behaviours defined as gross misconduct by your employer.
What does *not* count as gross misconduct?
There are other behaviours which count as misconduct, but not gross misconduct. These might include:
- Being late too often
- Consistently failing to meet your work deadlines
- Not doing your work to the required standards
- Taking sick leave when you’re not unwell
For these behaviours, you are not likely to be dismissed instantly, as your employer would have to take you through their disciplinary process first – that usually involves a full investigation and a meeting with a verbal warning followed by a series of written warnings and other meetings before dismissal.
What you need to know about the disciplinary process
Your employer should be clear about the behaviours and conduct they expect, and the behaviours and conduct which are unacceptable and would result in disciplinary action. This will be set out in your staff handbook or contract of employment.
This document will also tell you about the disciplinary process and possible outcomes, and the fact that you have the right to attend a hearing where you can defend yourself against the accusations made against you.
Here’s what might happen:
Initial investigations
This first stage isn’t part of the formal disciplinary process. It’s a meeting (or two) where you and your employer can gather facts. It’s your chance to explain your conduct and clarify anything they are concerned about.
You must be given enough notice so you can attend. In most cases, one or two days’ notice would not be considered reasonable, but five days probably would.
Further investigations
Further investigations might be done by a fellow employee, or your employer might hire an external investigator to find all the evidence and write their report. This can take weeks or even months, depending on the complexity of the situation.
It must be a careful and even-handed enquiry, where the investigator looks for evidence to support both sides of the story – yours, and the other side.
It’s a good idea to take your own notes of all meetings (or ask someone to do so for you) because you might forget some of the details, especially if you feel stressed, emotional or angry. Also keep copies of any letters, written warnings and other relevant documents.
Being suspended
Your employer might suspend you while they do their investigations, especially if they think your presence is a risk to the business, yourself, or others. This is because they will need time to find all the facts and talk to witnesses, perhaps even involving the police (if you’re accused of theft, for example).
The suspension period is also your chance to build up evidence that supports your side of the story, and so that you can prepare for the hearing.
Your employer must make it clear that being suspended is not a punishment or sanction. You’ll receive full pay while you’re suspended.
The suspension should only last for as long as it takes for your employer to complete the investigations. If they take too long about it, and the delay affects your client accounts or the team you manage (for example), this might count as a breach of trust and confidence in you and you could make a claim against them for constructive dismissal.
Disciplinary hearing
Your employer will write you a letter inviting you to a disciplinary hearing. This must be held in a reasonable place at a reasonable time. The hearing should be arranged without delay, but they must give you sufficient time to prepare (about a week would probably be considered appropriate).
The letter should include details of the accusations against you. It should also tell you that you’re allowed to bring a colleague or trade union representative with you to support you. If that person is unavailable on that date, you can ask for the meeting to be postponed for up to five working days.
At the hearing, there will probably be a chairperson to run the meeting, and a separate person who will make notes of everything that’s said.
If you’re off sick, your employer might invite you to contribute in writing or via video call.
If you can’t or won’t attend the hearing (and don’t have a good reason), your employer has the right to make a decision without you.
Outcome of the hearing
Your employer will write to you with their decision and the reasons behind it. This letter should also include:
- Details of the accusation
- Expected improvement and timescale
- Consequences of further misconduct or poor performance
- Disciplinary penalty and timescale
Depending on the nature of the offence, this might be a final written warning, demotion or instant dismissal - How to lodge an appeal and timescale
If you’ve been with the company for a long time and have an unblemished record until this point, they should take that into consideration when deciding what to do.
If they decide to dismiss you immediately, it must be fair and reasonable given the offence.
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.
Related reading
- I’ve been dismissed for gross misconduct
- I’ve been unfairly sacked for misconduct
- I’ve been dismissed because I broke the rules
- Reliable checklist to see if you’ve been unfairly dismissed
- How do I claim for unfair dismissal?
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’.