What is gross misconduct?

What is gross misconduct?

Gross misconduct is generally seen as misconduct serious enough to overturn the contract between the employer and the employee thus justifying summary dismissal. Acts which constitute gross misconduct must be very serious and are best determined by organisations in the light of their own particular circumstances. However, examples of gross misconduct might include:

1.     theft or fraud

2.     physical violence or bullying

3.     deliberate and serious damage to property

4.     serious misuse of an organisation’s property or name

5.     deliberately accessing internet sites containing pornographic, offensive or obscene material

6.     serious insubordination

7.     unlawful discrimination or harassment

8.     bringing the organisation into serious disrepute

9.     serious incapability at work brought on by alcohol or illegal drugs

10.  causing loss, damage or injury through serious negligence

11.  a serious breach of health and safety rules

12.  a serious breach of confidence.

If an employer considers an employee guilty of gross misconduct and thus liable for summary dismissal, it is still important to follow a fair procedure as for any other disciplinary offence. This will include establishing the facts of the case before taking any action, holding a meeting with the employee and allowing the employee the right of appeal. It should be made clear to the employee that dismissal is a possibility. A short period of suspension with full pay to help establish the facts or to allow tempers to cool may be helpful. However, such a period of suspension should only be imposed after careful consideration and should be kept under review. It should be made clear to the employee that the suspension is not a disciplinary action and does not involve any prejudgement.