Allegations of workplace misconduct can be stressful and cause significant issues for your career. If a worker is subject to a disciplinary process for a serious breach of workplace rules, being fired may be a likely outcome. However, it may be possible to avoid dismissal for gross misconduct in some situations.
This will depend on the severity of the conduct or if you offer a reasonable defence, your employer may revise their opinion of the seriousness of the situation and opt for a lesser sanction.

Being accused of gross misconduct may not be the end of the road. Our guide will outline the processes that must be followed to ensure fair treatment, how misconduct allegations can be mitigated, and alternative disciplinary action that an employer may consider.
What is Gross Misconduct?
Gross misconduct in the workplace is behaviour so unethical and unprofessional that it can destroy the working relationship between employer and employee. It involves a breach of employment contract so serious that immediate dismissal may be warranted.
When gross misconduct has been identified, there will usually be a disciplinary process to follow. Any behaviour that falls under this category can be detrimental to a career.
Examples of gross misconduct include:
- Physical violence
- Employee theft
- Damage to work property
- Sexual harassment
- Sexual assault
- Drugs and alcohol in the workplace
- Dishonest behaviour
- Bullying in the workplace
Do You Always Get Sacked for Gross Misconduct?
Although considered to be a serious breach of the workplace rules, gross misconduct won’t necessarily lead to dismissal. It very much depends on a range of circumstances and it is why a disciplinary process must be followed. It is for those in charge of the disciplinary meeting and investigation process to decide what happens next.
Of course, there will be some scenarios in which dismissal is the only option left. Sometimes gross misconduct damages a career and working relationships beyond resolution. In severe situations, instant dismissal may be deployed because it would not be appropriate for the employee to work out their notice.
Some cases of gross misconduct may result in finding the individual guilty but this doesn’t always end in dismissal. Each case must be judged on its own unique set of circumstances and by following the correct procedures for gross misconduct.
Alternatives to Dismissal
When handling gross misconduct, several other outcomes are worth considering. Each one is less final and damaging than outright dismissal. The disciplinary panel should consider what serves the best interests of both the employee and the company.
At times, dismissal might seem like the only feasible outcome, but a fair process should precede this conclusion. There are several alternatives to dismissal to explore before reaching this stage:
- Issuing a final written warning: If the misconduct is found to be serious but not deserving of dismissal, or as a result of a genuine mistake after an unblemished career, a written warning might be the most appropriate resolution.
- A period of suspension without pay: Ideally, outcomes such as this one should be written within the contractual agreement.
- Considering demotion: This temporary measure might be suitable until the employee completes additional training.
- A change in job role and responsibilities: Sometimes, it may be necessary to change the employee’s responsibilities. For example, taking away the responsibility of the key holder.
- Implementing a probationary period: Placing the employee on a trial period, potentially under supervision, might be necessary while certain skills are revisited.
- Mutually agree to part ways: It may be in everyone’s best interests to mutually agree to part ways. This may involve a settlement of some sort but it can be less of a headache than dismissal.
Avoiding Dismissal for Gross Misconduct
Employees will usually be keen to avoid dismissal for their part in gross misconduct. There may, however, not always be a way of avoiding this. It will ultimately depend on the actions and behaviours involved and what the powers at be decide is best.
Whatever the misconduct, a fair process is vital. This is even the case where instant dismissal is the only solution to the matter. Failing to follow an acceptable process could lead to the employee claiming unfair dismissal.
The investigation and subsequent hearing should be fair and non discriminatory. The employee has the right to put their version of events across to all those involved. There could well be extenuating circumstances that led to the misconduct. Perhaps the employee has a drug or alcohol addiction, is struggling with debt or has another problem negatively impacting their decision making.
Where the misconduct is not at the extreme end, the bigger picture should be explored. An employer should ask themselves some fundamental questions. The answer to these will often determine whether there is an alternative to dismissal.
- Were company rules regularly reviewed and shared with the staff?
- Is there any additional training or supervision that can be given?
- Is there adequate supervision on the floor day to day?
- Does the employee have a good record with the company?
- Are they well respected and valued as part of the workforce?
Your Legal Rights During Disciplinary Procedures
Employers must be sure that they protect their worker’s rights during disciplinary procedures. Failing to provide this can lead to further problems for the employer. Below is what a fair disciplinary process should look like. This will help to ensure the process is smooth from start to finish, with all eventualities explored.
Suspension Pending Investigation
It might be necessary for the employee to be suspended pending an investigation into their conduct. This should be done formally and fairly. Employees are entitled to full pay when suspended unless their contract stipulates otherwise.
Carry Out The Investigation
The investigation process should be conducted impartially and must take into consideration all evidence and information.
This may involve looking at CCTV, social media and talking with colleagues. The investigation should not be conducted by a party connected to the incident or issue being investigated.
Ideally, employers should aim to keep the details confidential as possible. With information about the misconduct provided on a need to know basis. This maintains professionalism and ensures the workforce remains a positive one.
Organise a Disciplinary Hearing
An employer should arrange for the hearing to take place with the sufficient notice issued to all those involved.
This gives the accused time to collect their counter evidence and arrange for moral support, if appropriate. The employee should also be made aware of all accusations that will be brought up in the hearing.
See Also: How to prepare for a disciplinary hearing. Our detailed guide on understanding your right to fair process, and conducting an effective defence will help you prepare.
Outcome To Be Given In a Timely Fashion
Once a decision has been reached, this should be communicated to the employee at the earliest possible point.
They shouldn’t be left hanging after the hearing but the employer should reasonably consider all aspects of the misconduct. The decision should, ideally, be given in writing as well as issued verbally. The reasons for the decision should also be provided, particularly if the outcome of the disciplinary process is dismissal.
The Right To Appeal is Made Clear
If an employee disagrees with the final decision, they should be made aware of their right to appeal.
The workplace should have clear policies around the process that should be followed to submit an appeal, and the timeframe within which an appeal should be made.
Each of the above steps should be in accordance with the ACAS code of practice on disciplinary and grievance procedures.
Is it Better to Resign Before Being Sacked for Gross Misconduct?
Without a doubt, employees will often question whether they should simply resign when faced with gross misconduct accusations. But is this the best decision to make? Let’s remember that feelings of panic and anxiety can lead to rash decisions being made.
We have already outlined the fact that gross misconduct does not automatically lead to dismissal. Even if found to be guilty of a breach of contract, your employer may be willing to offer a second chance. Resigning before the process has taken place may mean shooting yourself in the foot.
This being said, there will be times when perhaps it is an option to consider. This is more so the case if the misconduct is serious and you strongly believe you will be dismissed. You should only consider resignation after exhausting all other possibilities.
Your employer may be open to some negotiations if they feel you are close to resigning. Having a full and frank conversation with them could work in your favour. It is essential to remember that resigning will make any attempt at an appeal more difficult. It would, however, mean your history would show resignation rather than being sacked.
How to Deal with Dismissal for Gross Misconduct
When dealing with gross misconduct, there will be times when dismissal is the only foreseeable outcome. In such circumstances, the journey ahead may seem fraught with challenges. To guide you through this tough time, we’ve compiled some valuable advice:
- Firstly, consider getting back into the job market as swiftly as possible. This proactive step can not only provide a fresh focus but also offer an opportunity to explore new professional interests.
- Negotiate with your employer about providing references as you attempt to move on from this setback. They may be prepared to provide a basic reference which simply confirms your dates of employment.
- If you can’t get agreement regarding a reference, honesty is the best policy when it comes to future employers. Telling them about your dismissal for gross misconduct might be intimidating, but this openness, combined with a genuine display of lessons learned, can demonstrate personal growth. Remember, one poor choice doesn’t negate your potential for future success.
- During and after the disciplinary process, don’t forget to prioritise self care. Such experiences can have significant impacts on both your physical and mental wellbeing.
- Consider the prospect of starting your own home business. This not only circumvents the need to explain your dismissal to a new employer but also puts you in charge!
- As you search for work, ensure you’re receiving all the benefits you’re entitled to. using an online benefits calculator and confirming full receipt of your wages are prudent steps.
- Finally, seek and accept support. Experiencing dismissal can be lonely and stressful; leaning on others for non-judgmental support can provide some much needed solace.
Great article with great advice -I am awaiting a disciplinary for gross misconduct myself and catastrphizing my life right now but this has helped me.