Gross Misconduct Lawyers Harrogate 

Gross misconduct is an act carried out that is seen as being so serious that it justifies instant dismissal from a job without notice (or pay in lieu of notice). They are actions that will destroy the relationship, of trust and confidence, between an employer and the employee accused of the actions; making the working relationship impossible to continue. 

 

 

 

Gross misconduct in the workplace is covered by a long list of offences that could be committed by any member of staff in the workplace. The behaviour that raises a gross misconduct enquiry, is usually unprofessional and/or unethical. Staff members are seen as falling short of standards expected in the typical workplace. 

 

Severe conduct usually destroys any relationship between an employer and the employee. Following this break down in a relationship, instant dismissal (also known as ‘summary dismissal’) - without notice and without pay in lieu of notice - is usually given. 

 

 

There are many examples of gross misconduct at work, here are a few examples of the more common reasons for gross misconduct in the workplace: 

 

 

 

A minor misconduct offence differs from the list of gross misconduct actions above and the difference in misconduct is substantial. Examples of ‘non-gross misconduct’ actions include regularly being late, failing to finish work tasks on time, failing to follow instructions and the poor execution of tasks. This list is not exhaustive and there are many examples of tasks that could be classed as misconduct. 

 

If any of the above tasks were deliberate, this could lead to a disciplinary for gross misconduct. 

 

 

The Acas Code of Practice provides a procedure that businesses should follow if disciplinary action is being taken because of a gross misconduct claim. If an employer does not follow this correct process, and a member of staff is fired, the former employee may have a claim for unfair dismissal against its former employer. 

 

Your employer should: 

 

 

Employees are entitled to appeal against any gross misconduct dismissal. If an employee does decide to appeal against a decision, the basis can be due to: 

 

E.g an employer does not follow their own disciplinary policy or the Acas Code of Practice. 

 

E.g. if an employer thought something was true without having evidence or doesn't have enough evidence to support it. 

 

E.g. if they have acted differently in the past in similar disciplinaries and the action they're proposing is too harsh. 

 

E.g. an employee has a clean disciplinary record, work record and length of service. It may be that the employee requires training or adjustments to avoid the problem happening again. 

 

 

If you need advice, our employment law solicitors regularly represent clients in gross misconduct claims locally to our offices. For specialist employment law advice, contact our team of solicitors in our Harrogate or Leeds e offices today for a specialist, no-obligation FREE initial-consultation..