Gross misconduct is conduct by an employee that is so serious that it goes to the root of the employment contract and effectively destroys it.

Gross misconduct covers actions like theft, assault on another employee, fraud, bullying or harassment.

Where an employee has been involved in an act of gross misconduct, the employer is entitled to summarily dismiss them, i.e. to dismiss them without notice. A fair procedure involving consultation will usually have to be followed in order to avoid a finding of unfair dismissal, however.

It can sometimes be hard to assess whether misconduct is serious enough to amount to gross misconduct, or whether it should warrant a warning of some sort. If a warning, the terms of the warning will need to be considered carefully so as to help rather than hinder any future disciplinary process.

Further resources on unfair dismissal can be found here.

 

Published in…

Updates: For employers: Bullying and harassment |
Tagged with: Gross misconduct |

Share this definition on

Other employment law terms

  1. ACAS Early Conciliation
  2. Adoption appointments
  3. Adoption leave
  4. Alternative dispute resolution
  5. Ante-natal care
  6. Apprenticeship
  7. Basic award
  8. Calderbank offer
  9. Collective consultation
  10. Compensatory award
  11. Compromise agreement
  12. Constructive dismissal
  13. Contract of employment
  14. Disciplinary hearing
  15. Discrimination
  16. Employee shareholder
  17. Employment tribunal
  18. ETO reason
  19. Flexible working requests
  20. Grievance
  21. Harassment
  22. Industrial action
  23. Injury to feelings
  24. Maternity and parental rights
  25. Maternity leave
  26. Maternity pay
  27. Mediation
  28. Parental leave
  29. Paternity leave and pay
  30. Polkey deduction
  31. Pre-termination negotiations
  32. Protected characteristics
  33. Redundancy
  34. Restrictive covenants
  35. Settlement agreement
  36. Shared parental leave
  37. Staff handbook
  38. Statutory annual leave
  39. Strikes
  40. Study and training rights
  41. Summary dismissal
  42. Sunday working
  43. Trade union
  44. TUPE
  45. Unfair dismissal
  46. Unlawful deductions
  47. Victimisation
  48. Whistle-blowing
  49. Without prejudice
  50. Working Time Regulations
  51. Written particulars
  52. Wrongful dismissal
  53. Zero hours contracts