Definition
Behaviour so serious that it fundamentally undermines the employment relationship, entitling the employer to dismiss the employee without notice (summary dismissal). Examples include theft, fraud, violence, serious negligence, and breaches of confidentiality.
UK Context
There is no statutory definition of gross misconduct in UK law. What constitutes gross misconduct depends on the circumstances and should be defined in the employer's disciplinary policy. Even in cases of gross misconduct, the ACAS Code of Practice requires the employer to follow a fair investigation and hearing process before dismissing.
Best Practices
- List examples of gross misconduct in the disciplinary policy while making clear the list is not exhaustive
- Always investigate allegations thoroughly before deciding to dismiss, even when the misconduct appears obvious
- Suspend the employee on full pay during the investigation if necessary, rather than dismissing summarily without investigation
Frequently Asked Questions
Can an employer dismiss for gross misconduct without a hearing?
No, even in cases of gross misconduct, the employer should follow a fair procedure including investigation, a formal hearing, and the right to appeal. Failure to do so will likely render the dismissal unfair, regardless of the severity of the misconduct.
Does an employee dismissed for gross misconduct get notice pay?
No, summary dismissal for gross misconduct means the employment ends immediately without notice or payment in lieu of notice. However, the employee is still entitled to accrued but untaken holiday pay and any outstanding wages up to the date of dismissal.