Latest in Employment Law>Articles>What is ‘gross misconduct’?
What is ‘gross misconduct’?
Published on: 12/11/2024
Issues Covered: Discipline
Article Authors The main content of this article was provided by the following authors.
Chris Fullerton
Chris Fullerton

What is ‘gross misconduct’?

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.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 12/11/2024