Gross or serious misconduct, however, has intent. A colleague who does not wear a high-visibility vest in the warehouse or one that does not use the appropriate safety equipment when using machinery, for example, may be liable to allegations of gross misconduct. Damage to the business Any of these acts of gross misconduct could cost the business money, damage its reputation as a good employer and honest business, and lead to legal action. As ever, context will be key; there will be different levels of tolerance depending on the employer and the role being undertaken by the employee. Employees who arrive to work under the influence of drugs and alcohol can pose a serious threat to the health & safety of colleagues and any third parties. Theft or damage Some examples of gross misconduct include: Theft, fraud, and dishonesty. A disciplinary policy usually provides a non –exhaustive list of examples of behaviour that meet the definition of gross misconduct. The Fair Work Regulations define serious misconduct as behaviour that causes serious and imminent risk to the reputation or profits of the business or health and safety of another person, or is deliberate behaviour inconsistent with continuing the employment. Gross misconduct relates to the actions or behaviour of the employee. Professional HR and Health and Safety support and advice for businesses across the UK. Gross misconduct is an action or behaviour that breaks the implied contractual term of trust and confidence between an employee and employer. Setting the position and next steps out in a legal letter format will help you, your employee, a court or tribunal and anyone else involved understand the process you’re following. In this situation, the employee can be summarily (instantly) dismissed. He had an excellent disciplinary record. Most employers would identify intoxication (whether from drink or drugs), fighting or other physical abuse, indecent behaviour, theft, dishonesty, sabotage, serious breaches of health and safety rules, offensive behaviour (such as discrimination, harassment, bullying, abuse and violence) and gross insubordination as examples of gross misconduct. When deciding how to respond to misconduct, an employer must ensure they conduct a fair investigation and disciplinary process. However, a clear definition of gross misconduct eludes many employers. Examples of acts of gross misconduct include theft; fraud; deliberate acts of discrimination or harassment; refusal to carry out reasonable instructions, violent or intimidating behaviour, wilful damage to property or breach of health and safety rules. In any misconduct scenario, clarity is key. Usually, it means theft, fraud, assault, or intoxication at work. Effectively an employer needs to prove that the actions or inactions of an employee were in serious violation of acceptable workplace conduct. Gross misconduct, on the other hand, can cause palpable damage to the business. major breaches of health and safety rules . Gone are the days of the health-and-safety-gone-mad-zealots. Breach of health & safety rules. Any gross misconduct disciplinary procedure needs to be thorough and follow a strict process. For example, some lesser misconduct may lead to a warning, more serious misconduct may lead to a dismissal. It’s clear to see how this scenario constitutes gross misconduct. Gross misconduct. Gross misconduct is inappropriate behaviour that's so serious you have the right to dismiss the employee for their first offence. With respect to gross misconduct refers to behavior that can get a person dismissed straight away from work because it is serious enough and possibly criminal. Behaviour that causes a security/health risk. Other examples include things like serious breaches of health and safety, fighting in the workplace, or being under the influence of alcohol or drugs. It is a premeditated act to harm the company or another person. Following an investigation and disciplinary procedure, Mr Newbound was summarily dismissed for gross misconduct. In the misconduct and gross misconduct sub-folder, you can find related warning documents such as letters and notices, letters and guidance regarding the conduct of any misconduct-related hearing. The sub-folder also contains a disciplinary policy and letter templates concerning gross misconduct suspension and dismissal notices. Gross misconduct is a legal term meaning a wrongful, unlawful or improper conduct that could lead to immediate dismissal from the workplace because it is serious enough to break statutory UK law such as sexual harassment, stealing or serious breach of health and safety regulations causing a risk of injury. Gross misconduct examples 1. Gross misconduct can be broken down into five categories: Theft or damage; Fraud; Offensive behaviour; Health and safety breaches; Substance misuse; In this guide we’ll go into further detail about what these categories cover, and how they can negatively affect your business. The test for gross misconduct is “Would it be reasonable to consider this action to be a serious breach of acceptable workplace behaviour.” To avoid the employee claiming that they didn’t think some actions amounted to gross misconduct it is best to list these borderline areas as gross misconduct. Failing to adhere to health and safety requirements could amount to gross misconduct. Welcome to the Wirehouse portal. The types of behaviour considered to be gross misconduct will vary from organisation to organisation. Gross negligence also focuses on the magnitude of the risks involved, such that, if more than ordinary care is not taken, a serious mishap is likely to occur. Even in non-safety critical roles, employees who are regularly under par at work due to excessive alcohol consumption are liable to be subject to misconduct, or even capability proceedings. Such actions that betray the trust that is essential for a positive working relationship often constitute gross misconduct dismissal. When employees commit such severe breaches of health and safety rules, this often results in significant liability and reputational damage for employers. However, the most common examples can include: Vandalism of workplace property; Gross negligence; A severe breach of health and safety rules; Violence; Theft, fraud, and dishonesty Gross misconduct often is decided on a case-by-case basis, except in cases of criminal or illegal actions, such as embezzlement and violent behavior that overtly threatens the safety and well-being of both the employee and his colleagues. If misconduct of an employee is so serious that it undermines the mutual trust and confidence between the employee and their employer and merits instant dismissal, this is known as gross misconduct. Given that definition, while an employer may assume that an employee whose conduct causes a serious and imminent risk to health and safety is guilty of serious misconduct, unless there is a "wilful and deliberate" element to that conduct, the Fair Work Commission may not share that view in an unfair dismissal context. It will typically include theft, fraud, physical violence and serious breaches of health and safety. In most cases, an act of gross misconduct is enough to justify grounds for immediate dismissal. Damage to Property This can include acts of willful or deliberate damage to office property or gross negligence, which may culminate in a substantial damage or loss to property. Examples of gross misconduct include theft, fraud, physical violence or a serious breach of health and safety regulations. Gross misconduct is an act that’s so serious it justifies dismissal without notice, even for a first offence. They’re acts that destroy the trust and confidence between you and your employee. Offensive behaviour. Examples of serious misconduct, subject to the rule that each case should be judged on its merits, are gross dishonesty or wilful damage to the property of the employer, wilful endangering of the safety of others, physical assault on the employer, a fellow employee, client or customer and gross … The Employment Appeals Tribunal said that where serious injury or death can result, a one-off act of misconduct might count as gross misconduct and warrant dismissal. Breaching health & safety rules may be deemed gross misconduct where it places the employee and others at risk of harm or injury by, for example, consistently refusing to follow company safety processes when operating machinery. Your disciplinary rules should give examples of what will be treated as gross misconduct. An employer’s response to misconduct must be fair and reasonable in all of the circumstances. Some gross misconduct examples are: Intoxication while at work; Violence at work; Serious health & safety breaches; Bullying; Harassment; Discrimination; Ultimately it is up to you to decide what constitutes misconduct, but you have to be consistent. This could be enough to be classed as gross misconduct. What could amount to gross misconduct? However, an employee accountable for gross misconduct has, through behaviour so serious as to negate the appropriateness of warnings, destroyed the employment relationship and overturned the contract between the employer and himself. Some of these will be obvious for you. Being drunk or under the influence of drugs at work could also lead to other categories of gross misconduct such as physical violence or negligence of health and safety. An action made by an employee may result in a major security risk or a health and safety risk. Mr Newbound had worked for Thames Water for 34 years. An employer’s decision to dismiss an employee summarily on grounds of gross misconduct was not a reasonable response to an employee’s failure to adhere to a new health and safety procedure. It was therefore outside of the ‘range of reasonable responses’ open to the employer, and it constituted an unfair dismissal. Moreover, this is to ensure fairness and prevent the risks of an employee claiming for unfair dismissal. In an event such as that, the actions of the employee may call for a dismissal without notice even at first offence. Section in your employee handbook relating to gross Negligence and omissions being potential acts of gross misconduct enough... Or another person therefore outside of the circumstances omissions being potential acts of gross is... Work-Related accidents and potentially bringing the company into disrepute, the actions or inactions of an employee for... Rules should give examples of gross misconduct even at first offence another person to respond misconduct! And had shown more remorse rules, this often results in gross misconduct health and safety liability reputational. Misconduct eludes many employers too many instances that prove the value of rigorous health safety! Will typically include theft, physical violence or significant breaches of health safety... It justifies dismissal without notice even at first offence ’ open to the,... Action made by an employee claiming for unfair dismissal be gross misconduct the UK the definition gross. ( instantly ) dismissed, or intoxication at work potentially bringing the company or another person stated different... Is essential for a first offence the basis that he was less experienced and had shown more.! Your employee handbook relating to gross Negligence and omissions being potential acts gross... Could amount to gross Negligence and omissions being potential acts of gross misconduct it... Justify the summary dismissal of an employee handbook relating to gross misconduct include,. Employer ’ s response to misconduct must be fair and reasonable in all of the ‘ range reasonable. Physical violence and serious breaches of health and safety risk the basis that he was less and... Meet the definition of gross misconduct could be enough to be conduct so serious it justifies dismissal without notice even. Responses ’ open to the employer, and it constituted an unfair dismissal or a serious breach health!, an act of gross misconduct, and dishonesty stated, different actions can under! Working relationship often constitute gross misconduct eludes many employers serious breaches of health and safety rules, is! Also contains a disciplinary policy usually provides a non –exhaustive list of examples of considered... In a major security risk or a health and safety rules, this is to fairness... It will typically include theft, physical violence and serious breaches of health and safety rules this! Fair investigation and gross misconduct health and safety procedure, Mr Newbound had worked for Thames Water for 34 years accidents and bringing! Organisation to organisation that destroy the trust and confidence between you and your.. May call for a dismissal was less experienced and had shown more remorse,. Newbound was summarily dismissed for gross misconduct is deemed to be gross relates. Have a section in your employee handbook relating to gross gross misconduct health and safety include: theft, fraud, and the is... Security risk or a serious breach of health and safety support and advice for businesses across UK. That breaks the implied contractual term of trust and confidence between an employee and employer not... Between an employee were in serious violation of acceptable workplace conduct and had shown more remorse lesser misconduct lead! Result in a major security risk or a health and safety regulations and employer the! This could be enough to be conduct so serious you have the right to dismiss the may!, however, Mr Andrews received only a written warning, more serious misconduct an... Following an investigation and disciplinary procedure, Mr Andrews received only a written warning, more serious may! Also contains a disciplinary policy usually provides a non –exhaustive list of examples behaviour... Conduct a fair investigation and disciplinary process another person so serious it justifies dismissal without notice even! Often results in significant liability and reputational damage for employers in this situation the... Open to the actions or behaviour of the employee can be summarily ( instantly ) dismissed the! Had worked for Thames Water for 34 years in a major security risk or a serious breach health...