What happens if you are found guilty of gross misconduct?

Certain types of misconduct are classed as ‘gross misconduct’. If, following a proper disciplinary procedure, you are found to be guilty of an act of gross misconduct, your employer will be entitled to dismiss you without any notice or payment in lieu of notice.

What are examples of gross misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

How do you defend yourself against gross misconduct?

This involves:

1. fully investigating the alleged misconduct.
2. informing you, the employee, of the alleged misconduct.
3. providing you with the opportunity to respond.
4. conducting a disciplinary hearing or meeting with you and providing you with sufficient notice to prepare.
5. informing you of the decision in writing.

Can you be instantly dismissed for gross misconduct?

Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice. (Such dismissal without notice is often called ‘summary dismissal’.)

Do employers have to prove gross misconduct?

Your employer doesn’t have to prove that you did commit the misconduct they accused you of – only that based on the evidence they had it was reasonable for them to believe that you did.

Can you get a warning for gross misconduct?

In all but the most extreme cases of misconduct – termed gross misconduct – an employee is unlikely to be subject to dismissal for a first offence at work. Instead, they will be entitled to receive one or more warnings prior to termination of employment.

Should I be suspended for gross misconduct?

If you are facing an allegation of gross misconduct, you may well face a suspension on full pay, pending an investigation (see below). If this does happen, the suspension should only be for as long as necessary for the investigation to be completed.

Can I get another job after gross misconduct?

Finding a new job and moving on as quickly as possible is the best way to recover after being sacked. Your ex-employer does not have to give you a reference, but if they do, then it does need to be honest and fair.

Can you get a reference if sacked for gross misconduct?

Getting a reference Your old employer doesn’t have to give you a reference – but if they do, it has to be truthful and fair. You might get a bad reference if you’ve been sacked for poor performance or misconduct. Many employers do this, so it won’t look odd to a new employer.

Can I get a warning for gross misconduct?

What does it mean to be accused of gross misconduct?

Accused of gross misconduct: What is it? Gross misconduct covers the severe end of the conduct scale and refers to actions and behaviours deemed by the employer to be sufficiently unprofessional, negligent or unethical that it falls short of regular standards in the typical workplace and destroys the relationship between employer and employee.

What are some examples of gross misconduct in the workplace?

In most cases, it will ordinarily include theft, physical violence, gross negligence, and serious insubordination. Organisations are advised to specify and detail their definition of gross misconduct within their internal disciplinary policy.

What happens if your employer accuses you of misconduct?

Certain types of misconduct are classed as ‘ gross misconduct ‘. If, following a proper disciplinary procedure, you are found to be guilty of an act of gross misconduct, your employer will be entitled to dismiss you without any notice or payment in lieu of notice.

What to do if you are accused of sexual misconduct at work?

With highly delicate accusations like gross misconduct, theft and sexual abuse, you’ll want to be aware of your rights and all the legal processes. Protect yourself and your job as best as you can by consulting with a lawyer that will guide you through the motions of a work accusation.