Gross misconduct and the disciplinary process.

What gross misconduct means

Gross misconduct is behaviour serious enough to destroy the working relationship, justifying dismissal without notice. Ordinary misconduct is usually dealt with through warnings first. The difference matters, so your handbook should give clear examples rather than leaving it to interpretation.

Typical examples

• Theft, fraud or deliberate falsification of records.
• Physical violence or serious bullying and harassment.
• Serious breach of health and safety rules.
• Being unfit for work through drink or drugs where that creates real risk.
• Serious breach of confidentiality or data protection.
• Deliberate damage to property or serious insubordination.

Investigate first

1. Appoint someone impartial to investigate — ideally not the person who will decide.
2. Gather evidence: records, messages, CCTV where lawful, and witness statements.
3. Interview the employee as part of the investigation, not as a decision meeting.
4. Write an investigation report setting out findings and whether there is a case to answer.

Suspension

Suspension is not a punishment and should not be automatic. Consider alternatives such as a temporary change of duties. If you do suspend, keep it as short as possible, confirm it in writing, pay in full and explain that no conclusion has been reached.

The disciplinary hearing

1. Invite the employee in writing, setting out the allegations and enclosing the evidence.
2. Give reasonable notice and confirm the right to be accompanied by a colleague or union representative.
3. Hold the hearing, put each allegation, and let the employee respond fully.
4. Adjourn before deciding — never announce the outcome in the room without considering it.
5. Confirm the outcome and reasons in writing, with the right of appeal.

Deciding on dismissal

For a dismissal to be fair you need a genuine belief in the misconduct, based on reasonable grounds, after a reasonable investigation, with a fair procedure and a sanction within the range a reasonable employer would choose. Consider mitigation, length of service and consistency with how similar cases have been handled.

Common mistakes

• Skipping the investigation because the facts seem obvious.
• The same person investigating, deciding and hearing the appeal.
• Not sharing the evidence before the hearing.
• Treating similar cases inconsistently.
• No written outcome and no appeal offered.

Want a hand with this?

If something has landed and you need it handled properly, we can guide the investigation, write the letters and sit alongside you through the hearing.

Important: This guide is general information only and does not replace legal advice on your specific situation. Rules and official guidance change, so always check the latest guidance before making employment decisions.