An Employers Guide to Gross Misconduct in the Workplace
- Croner
- 1 day ago
- 5 min read
Gross misconduct allows UK employers to summarily dismiss an employee without notice or pay, but only after following a fair disciplinary process (investigation, hearing, right to appeal) in line with ACAS guidelines.
To minimise unfair dismissal risks, clearly define gross misconduct in contracts/handbooks, document everything thoroughly, and send a precise termination letter stating reasons, termination date, and appeal rights.
What is gross misconduct?
There is no strict legal definition of gross misconduct. But the Government defines gross misconduct as "theft, physical violence, gross negligence, or serious insubordination".
However, gross misconduct can also refer to staff behaviour that destroys the employment relationship (the professional relationship between employer and employee). To be clear on what you consider gross misconduct, and misconduct more generally, it is vital to outline unacceptable behaviour in your employment contracts and staff handbooks. Undertaking this process properly will greatly reduce the risk of an unfair dismissal claim being upheld in an employment tribunal.
What is the difference between misconduct and gross misconduct in the UK?
Misconduct is behaviour that's unacceptable in the workplace but generally considered minor when compared to gross misconduct. This is known in the HR world as minor misconduct. However, it is still considered unacceptable.
Some examples of minor misconduct include:
Unauthorised absence.
Misuse of workplace facilities.
Persistent lateness – This can become gross misconduct if frequent enough.
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