An employee who is accused of gross misconduct may have been involved in an incident involving theft, physical violence, gross negligence, or abuse of their position.
In this scenario, following the conclusion of an internal investigation, an employer can dismiss the employee with immediate effect as long as you have followed a fair procedure. The investigation must give the employee a chance to respond to any allegations against them before an employer can decide to dismiss them.
If you employ or manage staff and you believe one of your employees has been involved in a gross misconduct situation, speak to Employer Advice for bespoke advice on how to handle the disciplinary or dismissal, tailored to business owners and employers.
Handle Gross Misconduct
Can I Dismiss An Employee Instantly for Gross Misconduct?
Any decision to dismiss an employee for gross misconduct must be based on a fair and thorough investigation and due process.
Failure to follow the correct process could lead to a potential claim against your organisation for unfair dismissal.
We recommend these steps:
- Call us NOW for a FREE 15-minute phone consultation with our experts to ensure your process is lawful
- We will send you our FREE ACAS-compliant template letter for the action you would like to take.
- (Optional): Book a free follow-up call if you have any further questions.
Common Dismissal Questions
Need to Dismiss Your Employee for Poor Performance or Misconduct?
Are you faced with these questions or any others regarding Gross Misconduct? Call our team today and let us assist with FREE advice based on the ACAS Code of Practice.
Check out some of the questions we regularly receive:
- What is gross misconduct?
- How do my employees know what constitutes gross misconduct?
- Who decides what conduct merits instant dismissal?
- What procedure should I follow in a gross misconduct case?
- Can a gross misconduct dismissal go to employment tribunal?
- What is ACAS early conciliation and a COT3 agreement?
- Is gross misconduct included in an employment contract?
- Should I have behavioural policies in place for my employees?
acas based advice
How to dismiss an Employee for Gross Misconduct
As opposed to “ordinary” instances of misconduct where an employee breaks your workplace rules by being persistently late, for example, gross misconduct requires more formal reprimands. In instances of gross misconduct, you are within your rights to dismiss an employee immediately. That is, as long as you’ve followed a fair procedure and produced a paper trail that would stand up in a tribunal. Investigate any reports of gross misconduct fully and make sure the accused employee is given a chance to respond.
If you’re not sure, don’t take a chance. Litigation against your business could cost thousands.
Call Us NOW and get our free guide to gross misconduct and take away the guesswork.
Assisting Employers For More than 40 Years
Gross misconduct can be difficult for an employee because you’re dealing with a scenario where an employee could face severe disciplinary action – including dismissal without notice. This type of dismissal is tricky because you need to have the correct, fair process in place and be able to document all stages.
We would recommend speaking to an Employer Advice consultant BEFORE you make any decisions and start taking action. This will ensure you’re compliant.
Book your FREE 15-minute consultation TODAY