Glossary · UK
What is Gross Misconduct?
Conduct serious enough to destroy the employment relationship, allowing an employer to dismiss an employee immediately without notice or pay in lieu of notice.
Full Definition
Gross misconduct describes behaviour so serious that it fundamentally undermines the trust and confidence needed for the employment relationship to continue, entitling an employer to dismiss the employee summarily -- that is, immediately, without working notice and without pay in lieu of notice. Typical examples set out in most disciplinary policies include theft or fraud, serious violence or bullying, gross negligence causing serious harm or loss, serious breaches of health and safety rules that endanger others, serious insubordination, being under the influence of drink or drugs at work, and serious breaches of confidentiality or data protection. Even where conduct falls within a category the employer's own policy labels as gross misconduct, a fair and reasonably thorough investigation and disciplinary process (including the chance to respond and a right of appeal) is still normally required before dismissal, or the dismissal risks being found procedurally unfair at an employment tribunal even if the underlying reason was sound. Summary dismissal for gross misconduct removes the employee's entitlement to notice pay, but does not automatically remove other accrued rights, such as pay for holiday already accrued but not taken, and a dismissal that is later found not to amount to gross misconduct after all can expose the employer to a wrongful dismissal claim for the unpaid notice period, in addition to a possible unfair dismissal claim.