Gross Misconduct Examples
Gross misconduct is behaviour so serious it fundamentally breaches the employment contract, justifying summary dismissal without notice. Common examples include theft, fraud, violence, serious insubordination, and being under the influence of drugs or alcohol at work. A fair investigation and disciplinary process is still required.
Last updated: February 2025
What the Law Says
There is no statutory definition of gross misconduct. It is defined as conduct so serious that it amounts to a fundamental breach of the employment contract, entitling the employer to dismiss without notice (summary dismissal). The ACAS Code of Practice on Disciplinary and Grievance Procedures requires a fair process even for gross misconduct. The reasonableness test under s.98(4) ERA 1996 still applies.
Your Obligations as an Employer
- Define gross misconduct in the disciplinary policy with clear examples
- Investigate allegations thoroughly before taking action
- Follow the ACAS Code including a hearing and right of appeal
- Suspend on full pay during investigation where necessary
What to Include in Contracts
List non-exhaustive examples of gross misconduct in the contract or referenced disciplinary policy, confirm the employer's right to summarily dismiss for gross misconduct, and reference the full disciplinary procedure including investigation, hearing, and appeal rights.
View related contract templateCommon Mistakes
- Dismissing summarily without any investigation
- Not having gross misconduct defined in the contract or policy
- Treating a first offence as gross misconduct when it would more fairly be treated as misconduct
FAQ
Does gross misconduct mean the employee loses all rights?
No. An employee dismissed for gross misconduct loses the right to notice pay but retains rights to accrued holiday pay, pension benefits, and can still claim unfair dismissal if the process was unfair. The employer must still follow a fair procedure and the ACAS Code of Practice.
Can a single act justify summary dismissal?
Yes, if the act is sufficiently serious. However, the employer must still investigate, hold a hearing, and consider the employee's explanation before deciding. Even for a clear-cut case like theft, failing to follow proper procedure can render the dismissal unfair.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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