If you’re wondering, “What is gross misconduct?” then you’re in the right place! In this guide, we’ll explain exactly what gross misconduct means, providing expert insight into the types of behaviour that fall under this category, and outlining the steps an employer should take when dealing with these matters.
Whether you’re facing an issue within your team or simply looking to understand your responsibilities better, Clover HR is here to offer professional support and tailored advice. If you need guidance, don’t hesitate to get in touch with our friendly, experienced team. We’re here to make all of your HR processes as smooth and stress-free as possible.
What is Classed as Gross Misconduct?
Gross misconduct refers to any behaviour in the workplace that is a serious breach of the employer’s code of conduct. This behaviour can lead to severe consequences for those involved, such as immediate dismissal. Some examples of gross misconduct include, but are not limited to:
- Harassment or discrimination.
- Fraud or theft.
- Physical assault or bullying.
- Serious insubordination.
- Damage to company property.
- Starting a competing business.
- Bribery or corruption.
- Gross negligence causing loss, damage or injury.
- Breach of confidentiality agreements.
- Serious misuse of the company name or assets
- Intentional disreputation of the company.
- Inability to work due to illegal drug or alcohol use.
- Breaching of health & safety regulations.
- A serious breach of confidence.
- Accessing inappropriate material at work, such as pornography.
What Is the Difference Between Misconduct and Gross Misconduct?
When answering the question, ‘What is gross misconduct?’, it’s essential to identify the differences between standard and gross misconduct, as well as their implications.
Misconduct simply refers to inappropriate behaviour in the workplace that is not necessarily severe enough to justify dismissal. It may be cause for disciplinary action, like giving the employee a warning or temporarily suspending them.
On the other hand, gross misconduct is a serious violation of the workplace code of conduct that can justify immediate consequences, including dismissal without notice.
Understanding the difference between these two categories of workplace behaviour is crucial for employers, as it determines the appropriate disciplinary action and guarantees fair treatment of all employees, ensuring they are all held to the same standard.
Your Duties as an Employer
As an employer, it is your duty to ensure the safety and wellbeing of your staff, which includes understanding what gross misconduct is, the appropriate responses and how to follow procedures correctly. Failure to do so could not only negatively impact other staff and the workplace as a whole but also leave you exposed to legal and financial risks.
If you, as an employer, suspect gross misconduct has occurred, it’s essential that you take prompt and fair action to investigate the incident and, if necessary, take disciplinary steps.
At Clover HR, we understand these situations can be complex and challenging to navigate. This is why, as part of our extensive HR services, we offer tailored support through gross misconduct procedures, ensuring everything is handled in line with current employment law to keep your business compliant and eliminate exposure to legal and financial risk.
How To Deal with Gross Misconduct
Gather Evidence
The first step in dealing with gross misconduct is to gather evidence on the incident at hand. This involves collecting relevant documents, witness statements or physical evidence, such as CCTV recordings, that support or deny the allegations. It’s important to be highly thorough and remain objective during this stage to ensure a just process for all those involved.
Schedule a hearing and send an invitation letter to the employee
Once you are confident that all possible evidence has been collected, the next step is to schedule a hearing. Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, the employee must be formally informed of the hearing in writing and provided with enough time to prepare, as well as informed of their right to bring a colleague or trade union representative to the hearing. While not legally binding, failure to adhere to these guidelines set by the ACAS Code of Practice can play a significant role in employment tribunals, leaving you exposed to financial risk in the event of the employee filing for unfair dismissal. You will also need a chairperson and someone to take notes at the hearing.
Conduct Disciplinary Hearing
During the hearing, you must allow the employee to respond to any allegations made against them. The hearing should be a formal meeting where all the evidence is presented, and the employee is given the opportunity to discuss their side of the incident. Remaining objective and impartial throughout the hearing ensures the employee is provided a fair chance to explain or object to the allegations, which could bring forth unknown information.
Decide The Outcome
After the hearing, you will need to decide how to proceed based on the evidence presented and the employee’s response. It’s a good idea to adjourn and take time to assess the situation properly following the hearing.
Things to consider when deciding the outcome include:
- How serious the behaviour was
- What evidence came to light during the process
- Whether the employee gave a reasonable explanation
- If they’ve had any previous warnings or similar issues
- Whether your decision is fair and consistent with how you’ve handled similar cases in the past
If the behaviour is proven to be gross misconduct, you must decide what disciplinary action to take. If the decision is to dismiss the employee, they must be informed in writing, and you must include:
- The details of their gross misconduct
- The details of their dismissal (when this will happen, whether they will receive any severance pay and so on)
- Your reasons for dismissing them
- Information on how they can appeal the decision
Unfair Dismissal
If you don’t know the correct procedures when handling gross misconduct, you expose yourself to the risk of the employee filing for unfair dismissal. This means the situation would be investigated independently by an external party at an employment tribunal, where they will decide if the dismissal was fair or not. This is partly why it’s so crucial to keep hold of all your records from the incident, including evidence of their behaviour, notes from the hearing, company policy details, witness statements and any other relevant documents.
If the independent body deems the dismissal unfair, you could face legal consequences, financial penalties and damage to your reputation as an employer. That’s why having expert HR guidance from the start can make all the difference, giving you the support you need to handle gross misconduct with confidence.
Talk to an Expert at Clover HR for More Advice
At Clover HR, we understand that dealing with gross misconduct can be difficult and daunting. That’s why our team is here to offer professional advice, comprehensive support and expert guidance. Whether you’re unsure of the procedure and regulations or need assistance with any part of the disciplinary process, we’re here to help.
Get in touch with Clover HR by calling 0330 175 6601 or emailing info@cloverhr.co.uk for professional HR services tailored to your business needs.
