All You Need To Know About Gross Misconduct - An In-Depth Look

Are you being accused of gross misconduct? Or perhaps you’re wondering what it is. Read on for more information on gross misconduct and some of the common concerns you will face if you are facing disciplinary action at work.

What Does Misconduct Mean?

Misconduct refers to any behaviors and actions that occur in the workplace that may result in action being taken against the perpetrator. This can refer to any behavior that is deemed as inappropriate and that negatively affects the work of that person. 

Misconduct refers to any time where an individual's conduct breaks the rules in the workplace. 

Misconduct can vary from very serious misconduct, including things like harassment or bullying, and minor misconduct, such as lateness.

Also read: The Role of HR During Employer Termination 

 

Can Misconduct Happen Outside Of Office Hours?

Misconduct can happen outside of office hours. For instance, if someone posts something derogatory about their colleagues or their job online then this will be considered misconduct. As well as this, misconduct can refer to someone's actions during a work event, such as a work party.

 

What Does Gross Misconduct Mean?

Gross misconduct refers to misconduct that is very severe. If the actions of an employee are seen to be unethical, negligent and unprofessional then this will be considered gross misconduct. 

There are no legal definitions of misconduct. It refers to a range of different offenses that stagg could commit, such as: 

• Theft and fraud 

• Damage to property

• Abuse 

• Physical violence

• Misuse of confidential information

• Negligence 

• Alcohol and drugs

It is important for employers to ensure that their expectations are made clear. You should consider what constitutes misconduct and ensure that this is written in the employee handbook. 

This will ensure that the employer is able to investigate any allegations as the employees are aware of how they are expected to act.

Also read: 5 Reasons You Need To Perfect A Job Description

What Happens If An Employee Commits Gross Misconduct?

If an employee does anything that is considered to be gross misconduct then companies can immediately dismiss them. You do not have to give them any notice or any notice pay. This is because it means that they have violated the terms of their contract, and so you don’t have to carry them out yourself.

 

Dismissal 

During dismissal, certain procedures are followed. It is important that both the employer and employee go through what has happened and that both sides of the story are considered in order to work out what has happened.

Behavior must be considered, and only when the employer can show that the behavior of the employee was severe enough can they justify the dismissal as being immediate. 

If you have been dismissed due to gross misconduct, your employer does not have to pay you any notice pay. You will be paid any salary that you are still owed, as well as any holiday leave that you are owed. 

Other Penalties

If your company does not have enough evidence to dismiss you immediately, they may suspend you while they investigate the matter. When you are suspended, you have to be placed on full pay. You can be placed on suspension for as long as it takes for your company to investigate the issue. 

It is important that companies do not place their employees on gross misconduct for too long. This should be a short term response while the gross misconduct is looked into and investigated. This should not be a long term solution and if you are placed on suspension for a long period of time you should look into your rights. 

Also read: How Long Does HR Have To Investigate A Complaint?

 

Employment Rights Act 

You can be dismissed due to gross misconduct. If you are being dismissed due to gross misconduct, you should make sure that the employer is acting reasonably at all times when they are deciding on dismissal. 

The Employment Rights Act 1996 indicates that an employee’s conduct is very important and if the employee acts unacceptable in the workplace, then this is seen as a fair reason for dismissal.

If an employer terminates someone's employment then this must be fair, and there must be evidence that the misconduct that occurred is a sufficient reason for dismissal.

There are no legal guidelines for reasonable reasons for dismissal. This is up to the company to work out. Various different factors will be taken into account in order to decide the outcome. These will include whether or not the disciplinary procedure was fair. 

Any decisions should be made in line with the company's decisions in the past. In cases where the conduct is very serious, it still has to be investigated fully and any employee is given the chance to defend themselves against the allegations that are presented to them.

If the company does not follow the disciplinary procedures then they may find themselves at risk of having to pay damages to the employee if unfair dismissal is found. 

If this happens, the company may have to re-employ them in a different role.

Also read: 5 Fair Reasons To Dismiss An Employee

How To Deal With Allegations Of Misconduct 

You should be aware of the steps that need to be taken by the employer to ensure that you are being treated fairly in this dismissal. Your employer is expected to follow a fair process and there should be written policies in place for conducting these investigations. 

If you are facing disciplinary action then it is a good idea to have the allegations in writing that have been made against you. 

You will likely have a disciplinary hearing in which you are given the opportunity to tell your side of the story and hear the case that has been made against you. In this hearing, remain calm and ensure that you are prepared. You should be aware of all of the evidence against you before this hearing.

It is very important to make sure that you get your information across in this hearing. If the allegations of misconduct end in dismissal then ensure that your company has taken all of the correct steps and that it is a fair dismissal.

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Also read: 5 Valid Reasons For Reporting A Line Manager