Gross misconduct is a legal term referring to the unlawful, improper or wrongful behaviour that break statutory UK law and so could potentially lead to immediate dismissal from the workplace. Instances such as sexual harassment or theft are considered under this term. If you have previously faced the unfortunate situation of gross misconduct in the workplace you will know that it is not easy to reach a quick solution. Dealing with cases of this nature is often very stressful for all parties involved and must be treated with extreme care and caution.
Due to the severity of the consequences caused by such actions, it is very important, as an employer, to know where you stand legally. There are specific statutory employment law guidelines that must be followed, yet these are not always clear and easy to understand. Cases of gross misconduct can often result in an employment tribunal with the employee in hand if they feel they have been treated unfairly, so it is essential to get a second opinion to ensure that you are acting appropriately.
What Should I Do When Faced With A Case of Gross Dismissal?
In the first instance, if a case of gross misconduct is suspected, a disciplinary hearing must be arranged in order to establish the facts of what went on. As an employer, it is your duty to be fair in order to secure the right outcome. Your organisation’s disciplinary procedures must be followed with every step to ensure that the employee is treated appropriately.
The actions to be taken will depend entirely on the severity of the scale of gross misconduct in hand. Due to the nature of the issue, the guidelines to this will not be easily followed and as it is the employer’s responsibility to issue a fair hearing, it is necessary to get a second opinion.
One of the most simple and important ways of dealing with a case of gross misconduct is to ensure that you have official up-to-date contracts of employment with each employee. This should stipulate their role from the outset and clearly outline inappropriate behaviour and the consequences of it. Without this, the situation can become unclear and complications can pursue. However, if you are faced with a case of gross misconduct, even with proper contracts in place, you must act professionally and within legal limits.
To make sure that you are complying to the required legal limits, for a second opinion, or for any questions you have with regards to facing a gross misconduct claim, call our hotline on 0161 115 6164 or contact us now.
Feel free to read our free employment law guide 2014 to keep up to date with the latest employment law changes.
