First, we must look at ‘’what’’, what is gross misconduct? It is conduct that shudders at the root of the employment relationship making continuation of the relationship between employer and the employee unsustainable. Examples might include assault on another employee, breach of health and safety regulations endangering others, wilful damage to company property, sexual misconduct, harassment and bullying, serious breach of confidentiality, falsification of records or expense claims. It’s a good idea to create a list of what your organization classifies as gross misconduct and publish it to every employee at all levels, including it in your employee handbook is a good place to start.
It is unlikely you will conjure up every form of misbehaviour that would fall into the definition of gross misconduct, so just stick to giving examples. Give some obvious ones such as those listed above, when you have completed your list, add a comment that the list is not exhaustive and that behaviour of similar seriousness will be treated as gross misconduct.
When an employee commits an offence on your list, treat it as gross misconduct. If you feel extenuating circumstances are relevant to the case, such as the employee’s long service and good behaviour, still treat the incident as gross misconduct so not to dilute the seriousness of the rules. Instead, modify the sanction if you feel it appropriate. Offences not listed, should be considered for severity against one or two of the others on your list. If in doubt, try our payroll services HR and Employment Law Support.
If you believe gross misconduct has been committed by the employee, normal discipline procedure rules should be applied, however if in your opinion the employee’s presence on the premisses could threaten other people or could interfere with your investigation, you should require him or her to stay away from the site on full pay until you are ready to conduct a discipline hearing. The word “investigation” is a key word as an investigation must always be conducted, however obvious the offence. Interviewing witnesses and checking through records will help you evaluate the incident for a written account of the problem to be produced. If it is you that was involved in the incident, for example the employee threatened you, have neutral conduct both the investigation and the disciplinary interview. Pass the result of the investigation to the employee, give him or her a couple of days to read it, and arrange a discipline interview. Be sure to inform the employee of the right to be accompanied by a colleague or trade union official.
If after the investigation you are satisfied that gross misconduct has occurred, you should dismiss the employee with immediate effect. This is called summary dismissal. You should pay the employee all to which he or she is entitled to date, but for no longer.
Please be warned, before you set off down the path towards dismissal for gross misconduct, read this article again, read your own discipline procedure, make sure that you are justified in treating the incident as gross misconduct, be sure to follow your procedure to the letter, and make a written record of all that you do and all that is said. And if you or any of your colleagues are unsure about any of this, contact our payroll services HR and Employment Law Support, or get in touch with me - my details are below.
Citylights Professional Payroll Solutions Ltd
Scott Muller
Managing Director
Tel 0844 576 33 08
Fax 0844 556 12 72
Email: scott@citylightspps.com
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