Behaviour which is so bad that an employer cannot be expected to employ the employee any longer is called ‘gross misconduct’. The behaviour must be a fundamental breach of the contract of employment – a breach that goes to the heart of the contract.

For the misconduct to be ‘gross’, it must be extreme or abnormal and also culpable or blameworthy. The conduct must be incompatible with the employee’s duties of fidelity, trust and confidence. An act of dishonesty or an action intended to damage the employer’s interests would be prime examples. A series of lesser acts can be taken together to constitute a breach of the duty of trust and confidence.

An employer has the right to dismiss an employee without notice if they are guilty of gross misconduct. This is called a summary dismissal and the employee will not be wrongfully dismissed in these circumstances.

Legal Island Training Resources for Your Staff

HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation?

Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations.

Click here to view our HR toolkit.