Misconduct – a simple guide
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Misconduct at work can result in a range of outcomes.
Misconduct at work is where an employee behaves in an unacceptable or improper or inappropriate way and can lead to disciplinary action against the employee. Gross misconduct is particularly bad behaviour, that’s usually so serious as to lead to dismissal.
What is misconduct at work?
Misconduct at work is where an employee’s behaviour breaks workplace rules.
What is classed as misconduct?
Misconduct includes refusing to follow reasonable instructions, persistent lateness, bullying, harassment, and can include poor performance. It’s anything that is inappropriate at the workplace or in the working environment, though it still minor. It can include face to face behaviour and remote/online behaviour.
What are examples of gross misconduct?
Gross misconduct is the most serious type of inappropriate behaviour and will usually (but not always) lead to dismissal or summary dismissal. It includes theft, violence, harassment/sexual harassment, serious insubordination, intoxication at work, or a series of lesser misconduct offences. It can include face to face behaviour and remote/online behaviour.
Do you always get sacked for gross misconduct?
Gross misconduct is by definition very serious, inappropriate or unacceptable behaviour, and will usually lead to dismissal or summary dismissal (i.e. dismissal without notice).
Gross misconduct might include fighting at work!
How long does misconduct stay on record?
When you are given a formal warning having committed misconduct, the warning will usually stay on your record for about 6 to 12 months, depending on the employer’s policy, the seriousness of the misconduct, and your previous disciplinary record (such as whether this is a first offence, or whether you’ve already got an active warning on your record.
If you are found to have committed misconduct again during the active period of the warning, it’s likely that a more serious sanction will be imposed next time, and it’s more likely that it would be fair to dismiss you.
What happens if you are sacked for gross misconduct?
If you are dismissed for gross misconduct, usually you will be dismissed summarily – immediately, without notice or payment in lieu of notice.
Do you get paid if sacked for gross misconduct?
If you are summarily dismissed for gross misconduct, you will not be entitled to notice or payment in lieu of notice. You will be entitled to pay up to the termination date, and to accrued untaken holiday pay as at the termination date.
Need more help with misconduct?
If you need more help with the subjects covered here then do reach out to our expert solicitors. You can email us at firstname.lastname@example.org or call 03300 020 863.
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