Employment Law – Gross Misconduct and Dismissal

If you have ever witnessed anyone at work being asked to “leave immediately” or “clear their desk,” then the chances are they were either unfairly dismissed or have been found guilty of Gross Misconduct. This is very serious, it is a situation where the actions of an employee are considered to make their position in the company simply untenable. This can range from discriminatory behaviour to violence and from intoxication to theft, but the result is always the same: the contractual relationship between the employee and the employer is broken and the employee must leave without notice or pay in lieu of notice. The employer should always set out in the employment contract what is classified as Gross Misconduct as this will make it easier to identify unwanted behaviour later on down the line. While it is fairly common sense as to what activities constitute as Gross Misconduct the employer must still be careful. If they dismiss an employee for Gross Misconduct and are subsequently taken to an Employment Tribunal, they will need to show that the decision was fair and reasonable and any other ‘reasonable’ employer would have made the same choice.

However, contrary to many people’s beliefs, instant dismissal due to Gross Misconduct does not really mean instant dismissal. It is considered unlawful for an employer to dismiss an employee without a through investigation, a disciplinary hearing and allowing the employee to express their views and have them noted. If after considering the circumstances and deciding to proceed with the dismissal the employer does not give the employee the chance to appeal, they could open themselves to being sued in the Civil Courts or the Tribunal. To complicate matters more, if the employer gives the employee notice or pay in lieu of notice, they will be seen to have weakened their case. The area of Gross Misconduct is a difficult area of Employment Law because the term itself and the procedure to follow are open to a number of different interpretations. With no absolute definition of what acts constitute as Gross Misconduct there will always be potential for employers to get it wrong. I am a legal writer covering advice on topics of law, for further text and similar works visit employment law or contact a solicitor today. For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.

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