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Gross misconduct | 5 examples every employer should know
Gross misconduct in the workplace can pose significant challenges for employers and understanding your legal rights is crucial. In this expert guide, we provide real-world examples of gross misconduct and provide a sackable offences list, all of which can help you navigate disciplinary procedures with your employees.
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What is gross misconduct?
It’s an act which is so serious it justifies dismissal without notice, or pay in lieu of notice, for a first offence. They must be acts that destroy the relationship of trust and confidence between the employer and employee, making the working relationship impossible to continue.
You may think “summarily” means you can fire someone on the spot, but you still need to follow a fair procedure. If you do dismiss a member of staff instantly, you may face a claim of unfair dismissal. That could lead to a costly employment tribunal against your business.
What are examples of gross misconduct?
What amounts to gross misconduct will vary from company to company, depending on your business. To help you understand where you stand legally, the following five examples are part of a broad sackable offences list.
Theft, fraud and dishonesty
These are wide-reaching gross misconduct examples that can include:
- Stealing office equipment, company stock, merchandise or cash
- Stealing personal belongings from colleagues
- Unlawfully obtaining or disclosing commercial data
- Making fraudulent expenses or overtime claims
- Fraudulently using personal data for personal use
- Falsifying accounts, time-recording forms or self-certification forms
This is one of the leading gross misconduct at work examples. Theft, fraud and dishonesty can incur huge costs for employers as well as damage their relationship with clients or service users.
Offensive behaviour
Some employees can create a hostile work environment with behaviour such as:
- Harassment
- Workplace bullying
- Fighting
- Aggressive or intimidating behaviour
- Threats of violence
- Dangerous office horseplay
The above examples of gross misconduct can incur huge costs for employers as well as damage their relationship with clients or service users.
Breaches of health & safety rules
It’s your duty of care as an employer to provide a safe, secure workplace for members of staff. If an employee poses a danger, this can be grounds for terminating their employment. Breaches of health & safety can include:
- Removing or not using machinery guards
- Persistently refusing to wear Personal Protective Equipment (e.g. a hard hat on a building site)
- Dangerous driving on the work site
When employees commit serious breaches of health & safety rules, this can result in reputational damage. There is also significant liability for employers, which makes it essential to take your duty of care seriously.
Damage to property
In extreme cases, staff members may cause damage to your assets or premises. This can be:
- Deliberate or wilful damage to property
- Gross negligence that can result in substantial loss or damage to property
- Deliberate sabotage
- Intentional defacement of company assets
- Severe misuse of business equipment
Alcohol or drug use at work
Although it’s rare, some employees or workers may consume alcohol or drugs during out of hours (or sometimes in work). Issues here include:
- Serious incapability due to drinking or taking drugs whilst on duty;
- Possession of drugs or taking drugs on the employer’s premises; and
- Buying or selling drugs on the employer’s premises.
How to follow a fair gross misconduct dismissal procedure
Regardless of the type of gross misconduct you’re dealing with, it’s essential you carry out a fair dismissal procedure before terminating an employee’s contract of employment. For it to be fair, you must:
- Genuinely believe that the employee had committed the misconduct
- Show that they had reasonable grounds for believing this
- When reaching that conclusion, demonstrate they have carried out a reasonable investigation
- Show the dismissal falls within what is referred to as the “band of reasonable responses”
An Employment Tribunal will consider all the circumstances of the case, including the employer’s size and resources.
Crucially, a Tribunal will look to see whether the employer’s response to the misconduct fell within the “band of reasonable responses”. If, in the Tribunal’s view, no reasonable employer in the circumstances would have dismissed the employee, the dismissal will be considered unfair.
Employees with at least two years’ service with you can submit a claim to a Tribunal for unfair dismissal.
Remember that to merit summary dismissal, the act must go to the core of the employment relationship and break down the trust and confidence, preventing the relationship from continuing.
Get expert gross misconduct support for your business
Our highly experienced Employment Law and HR support team is available now to help your business with:
- Addressing concerns early on
- Conducting a fair procedure
- Dealing with any curveballs during the process
- Staying compliant with UK laws
For more information about our fixed-fee service, call 0345 226 8393 or request your free consultation.
