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 employment@qlaw.co.uk or call 03300 020 863.
I am currently under investigation for making a mistake at work trying to do the right thing to prevent the company incurring financial penalties.
In a panic and fearing repercussions i was dishonest and stated i used an access point that I didn’t following the realisation that the access point we used had become prohibited which wasn’t realised by any of the team at the time until travelling back to the yard.
We all agreed on a ‘story’ as we were all concerned for our jobs but when the interviews came I was given no indication by the team that they were changing their stories and I ended up carrying the story on in the investigation.
Now I am facing charges of misleading an investigation and that I had ‘made’ the team lie in their own written statements at the start of the investigation as I was the senior man on the day even though I wasn’t in charge of site safety.
There has been no formal notification of anything since the incident occurred on the 10th august which has seen me removed from my role but not suspended and again nothing formally explaining as to why.
During this time I have lacked sleep and my wife has stated she has seen a deterioration in my mental and physical well-being.
I am absolutely gutted and it’s the first incident I have had in my 19/20 year employment, I am petrified of losing my job and feel like I’m losing hope. Is there anyway I can keep my job as the investigation write up has heaped all blame on me I am devastated
Hi – Thanks for getting in touch. We can certainly help, though we can’t advise you until we’ve formally onboarded you. So, please get in touch directly so we can arrange to talk things through and get you onboarded as soon as possible.
i have been suspended from work, recently had a miscarriage and suffer with mental health I have now idea what to do or go.
can you help
Thanks for getting in touch we’re so sorry to hear that you’ve recently had a miscarriage. We can certainly help.
The best thing to do is to email us at employment@Qlaw.co.uk with some more details and we’ll explain how we’d suggest we take things forward from there.