What Constitutes Gross Misconduct?
Gross misconduct is a legal term meaning a wrongful, unlawful or improper conduct that could lead to immediate dismissal from the workplace because it is serious enough to break statutory UK law such as sexual harassment, stealing or serious breach of health and safety regulations causing a risk of injury. It is advised to seek confirmation in specific instances.
Dismissing Staff – Legally
- The UK government has a multitude of Statutory Employment Law guidelines that must be followed that might not always be clear or obvious relating to dismissing staff.
- Even if you think you have followed the correct disciplinary procedures it is prudent to get a qualified opinion on the process you are about to follow.
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Free Gross Misconduct Advice for Employers
If your small business has been forced to discipline staff, we can guide you through the correct steps of dismissing staff.
Stay Within the Law
- An Employer is duty bound to establish the facts of each case. A disciplinary hearing with those involved with any gross misconduct incident needs to be conducted in line with the organisation’s disciplinary procedures.
- Which steps are taken depends on the breach of staff disciplining or scale of gross misconduct. Contact the advice helpline to discuss any specific queries you have about gross misconduct or disciplinary procedures.
- Keep your contracts of employment up-to-date. This is your most important document as it outlines the relationship you have with your employees including situations such as disciplinary procedures.
- Every business is different so we advise that you call our advisors to review your documentation first and then formulate a plan of action.
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