Gross misconduct

This term refers to serious wrongdoing that justifies immediate dismissal without notice or pay in lieu of notice (following an investigation and hearing).

An employee is however entitled to pay in lieu of accrued or unused holiday at the date of termination. This applies even if the employee has been dismissed for gross misconduct.

It is important to establish the facts and follow a fair process, in line with the Acas Code of Practice on Disciplinary and Grievance Procedures before taking any action.

Examples of gross misconduct include:

Theft or fraud
Physical violence or bullying
Serious misuse of an organisation’s property or name
Deliberate internet access of pornographic, offensive or obscene material
Serious insubordination
Unlawful discrimination or harassment
Serious incapacity at work brought on by alcohol or illegal drugs
Causing loss, damage or injury through serious negligence
Serious breach of health and safety rules
Serious breach of trust and confidence
Bringing the organisation into disrepute

It is necessary to investigate any alleged gross misconduct, hold a disciplinary hearing, inform the employee of the outcome and provide a right of appeal in the usual way.

It may be necessary to suspend the employee accused of an act of gross misconduct, as a precautionary measure, pending an investigation.