What is Gross Misconduct?

Whether you're a beginner or an expert, you will find this Glossary useful.

Gross misconduct refers to an employee's negative behavior or action so serious that it calls for the employee's summary dismissal without the usual contractual obligations of a notice period.


Gross misconduct

Gross misconduct refers to an employee's negative behavior or action so serious that it calls for the employee's summary dismissal without the usual contractual obligations of a notice period.

Often mistaken, summary dismissal does not mean immediate dismissal. It requires employers to follow certain dismissal proceedures even if the employee was caught in action. The best practice is the suspension of the employee so that investigation can take place.

Types of gross misconduct

• Theft, fraud and dishonesty

• Offensive behavior

• Damage of property

• Serious incapacity caused by being under influence of alcohol or drugs at work

• Violation of health and safety rules

Employment contracts should classify clearly what counts as gross misconduct to protect the employer in the event of a tribunal.



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