Gross misconduct - Discipline at work

Before considering taking any termination/ dismissal action organisations should review their proposed course of action against the Procedure Check page. Note in particular the need for more senior manager, where available, to hear any appeal.

The legal interpretation of this is that the behaviour of the employee has been so extreme that there has been a fundamental breakdown of the employment relationship. If an employee has committed gross misconduct then it is a serious breach of their employment contract and they may be dismissed without notice. Again it is not possible to anticipate all such actions but it is worth including a list of the most likely actions in the Disciplinary Procedure. They may include:

Theft, fraud and deliberate falsification of records
Physical violence
Serious bullying or harassment
Deliberate damage to property
Serious insubordination
Serious breach of the company's IT code of practice
Serious misuse of email or internet access
Misuse of an organisation’s property or name
Bringing the employer into serious disrepute
Serious incapability whilst on duty brought on by alcohol or illegal drugs
Serious negligence which causes or might cause unacceptable loss, damage or injury
Serious infringement of health and safety rules
Serious breach of confidence.

It is a matter of judgment whether behaviour falls into the category of gross misconduct, often in these circumstances employers jump several stages of the disciplinary procedure to final written warning. Bear in mind the legal interpretation given in the first paragraph, the behaviour has to be such that the employment contract cannot continue.