Gross misconduct at work is as serious as it gets when involved in a disciplinary situation we’re talking actions that shatter trust, threaten safety, or undermine the business. It can lead to dismissal, but handling it carefully is key to avoiding unfair dismissal claims.
This guide is helpful for employers handling misconduct and for employees worried about allegations.
What is Gross Misconduct?
Gross misconduct at work is unacceptable behaviour by an employee which creates a serious breach of workplace policies. It might be a clear breach of an employment contract, and can include theft, violence in the workplace, insubordination, or gross negligence.
Where gross misconduct is established, it will usually lead to immediate dismissal without pay in lieu of notice. This is because the misconduct is so severe that the employers trust and confidence in the working relationship has been irrevocably broken.
However, all employees have a right to a fair disciplinary procedure which must be followed first. Even in cases of gross misconduct which appear clear cut, employers should follow a proper investigation process and document it. Failing to do so can leave them open to an unfair dismissal claim.
Examples of Gross Misconduct
Some actions that may be treated as gross misconduct in the workplace are obvious, others may be defined by policies of individual employers. As an employee, it’s vital to be familiar with your company handbook, as an employer you must clearly document any policies which might count as misconduct.
Examples of gross misconduct include:-
- Theft or Fraud.
- Violence or bullying at work.
- Serious Health & Safety breaches.
- Discrimination or harassment.
- Insubordination or gross negligence.
- Misuse of company property or information.
- Being under the influence of drugs or alcohol.
Let’s take a closer look at some of these more common examples of misconduct which might lead to instant dismissal.
See Also: Accused of taking drugs at work
Theft or Fraud
When an employee commits theft at work or fraud, this would be a clear breach of contract and a reason for instant dismissal.
Examples of theft and fraud at work include:–
- Stealing products from the workplace such as office supplies or stock.
- Stealing money.
- Taking confidential information related to the business and using it elsewhere.
- Embezzlement from someone in a position of trust.
- Intellectual property theft is when things such as trademarks, logos or copyrights are stolen.
- Lying about the hours worked in order to boost wages.
- Identity theft, such as stealing credit card details.
The consequences of being caught stealing at work are generally very severe. Dismissal is the most likely outcome. If theft is minor or based on a misunderstanding then a written warning may be issued, but this is entirely at the employer’s discretion.
See Also: Falsely accused of stealing at work
Violence or Bullying at Work
Violence in the workplace is a severe breach of trust between employer and employee. It breaks the contract of employment, and compromises the employer’s duty of care to the victim. In severe cases, employers may have to contact the police. While bullying at work isn’t a criminal offence, it can cause significant harm to other employees which is also a breach of the employer’s duty of care. That means it’s a serious form of misconduct.
Examples of violence or bullying in the workplace include:–
- Physical assault. This includes inappropriate behaviour such as; hitting, punching, slapping, kicking and pushing.
- Verbal abuse, which can take the form of shouting, threats, swearing and insults.
- Harassing in the workplace can be deemed as gross misconduct. This could be bullying, creating a toxic environment or causing someone to feel intimidated.
- Social media intimidation.
See Also: Accused of bullying at work
Serious Health & Safety Violations
If an employee does something that violates health and safety regulations, this could be deemed gross misconduct. This is more the case when the breach is a serious one which could or does result in an accident at work.
Examples of health and safety violations at work include:-
- Refusing to wear the appropriate PPE for the task.
- Creating a hazardous work area.
- Not taking safety measures around hazardous substances.
- Intentionally taking risks or removing safety features away from machinery.
- Showing up to work while under the influence of drugs and alcohol.
- Failing to follow correct procedures when reporting an accident at work.
Discrimination or Harassment
Discrimination at work and harassment are serious forms of gross misconduct that can cause lasting harm to individual employees and workplace culture. These behaviours should never be tolerated, and employees are protected under the Equality Act 2010. Employers have a legal and ethical duty to address and prevent such misconduct to maintain a safe and respectful working environment.
Examples of discrimination and harassment at work include:-
- Discriminating against someone because of their gender.
- Racial abuse or making inappropriate comments based on a person’s race.
- Discriminating against someone due to a disability.
- Sexual harassment in the workplace. This can include unwanted attention, sexual innuendos and wolf whistling.
- Stalking whether in person or via social media.
See Also: Accused of harassment at work
Misuse of Company Property or Information
Gross misconduct can include situations where employees misuse company property or its information. Workplaces will have their own rules in place for using company property and breaking these may be a breach of contract.
Examples of misusing company property include:-
- Accessing or sharing company data without permission.
- Use of work email for personal tasks or inappropriate communications.
- Viewing inappropriate content on work devices.
- Using company credit cards for personal purchases.
- Misusing a company vehicle for personal purposes.
See Also: Accused of gross misconduct at work
How to Tell The Difference Between Gross Misconduct and Misconduct
The key difference between misconduct and gross misconduct at work lies in severity. Misconduct involves breaches of company rules that are less serious and unlikely to warrant dismissal, while gross misconduct refers to severe actions that can justify immediate termination.
Less serious behaviours, like lying about sick days, frequent lateness, or poor work performance, are examples of misconduct. These may lead to warnings or disciplinary action but rarely result in dismissal.
In contrast, gross misconduct is very serious and may lead to being suspended pending investigation, or immediate dismissal. It can damage future career prospects and lead to bad references in future.
Ensuring Fair Dismissal
Even the most serious acts of gross misconduct must be dealt with using a fair procedure. Employers should ensure their processes protect the legal rights of the employee.
Employees accused of gross misconduct have the following legal rights:-
- Fair Investigation: Employers must conduct a thorough and unbiased investigation before any dismissal takes place. The process and evidence should be documented thoroughly. The Employment Rights Act 1996 says that If an employee makes an unfair dismissal claim at an employment tribunal, the employer must be able to prove the dismissal was a reasonable outcome. Source: ERA 1996 S98
- Burden of Proof: Employers must establish, on balance of probabilities, that the alleged gross misconduct occurred. However the burden of proof on the employer would be lower than that required in a criminal investigation.
- Right to Representation: Employees are entitled to be accompanied by a union rep or suitable colleague during a disciplinary hearing. Source: ERA S10
After an investigation takes place, the matter should either be closed or a disciplinary meeting should take place to discuss next steps.
While immediate dismissal may seem like the obvious outcome, fair procedures must be followed to protect employee rights and reduce legal risks. By understanding what constitutes gross misconduct, recognising employee protections, and implementing clear workplace policies, employers can handle even the most difficult situations with professionalism and fairness.
See Also: Defending yourself against false accusations at work.
FAQs
Are you always dismissed for gross misconduct?
You won’t always be dismissed for gross misconduct. Sometimes an employer might take lighter action if there were mitigating circumstances. They might decide a warning is enough while making it clear it cannot happen again. Our guide explores if it is possible to avoid being sacked for gross misconduct.
Is swearing gross misconduct?
Swearing is frowned upon in many work environments where professionalism should be maintained at all times. However, whether or not it is considered gross misconduct will depend on the company’s own policies. Usually, it is inappropriate and the employee may be issued with a warning.
