You must ensure you follow a fair and reasonable disciplinary procedure. Sanctions may include summary dismissal. Other examples of gross misconduct might include: This could involve deliberate or wilful damage to property or gross negligence resulting in substantial loss or damage to property. Hadn?t really thought about it? For more detailed information on how the cookies we use work and how to opt out, please see our Cookies Page. Gross misconduct therefore warrants dismissal without notice, or pay in lieu of notice, for a first offence ? Of course, employees behaving offensively may well claim that their actions were inoffensive. While it?s important to provide specific examples of what your business considers gross misconduct, you?ll also find it useful to clarify that the examples given do not constitute an exhaustive list. Gross misconduct can lead to your dismissal without notice. The distinction between this and less serious misconduct is that the latter can only attract a dismissal for repeated offences (like coming late to the office, personal appearance and poor timekeeping). The trust also referred “a number of concerns” arising from the investigation to the NHS counter-fraud team, NHS Protect. Kate Palmer, associate director of advisory at Peninsula, added: “Employers have a duty to protect their staff from harm. Gross misconduct is an act which is so serious that it justifies dismissal without notice, or pay in lieu of notice, for a first offence. Call Croner's employment law experts today on 01455 858 132. This does not prevent you from proceeding with the dismissal for gross misconduct, however. Without following a fair procedure, you leave yourself open to an unfair dismissal claim. Theft is a clear example of this. Always be proactive; firstly you need to have a bullying and harassment policy in place, making it clear that this type of behaviour is considered a gross misconduct and those found guilty will be dismissed. Employers are required to pursue inappropriate behaviour but need to be mindful that every employee who claims to have been hurt, embarrassed or humiliated does not automatically mean the offending employee is 'guilty of bullying' and 'gross misconduct'. Re: Gross Misconduct - Bullying and Harrassment - evidence required? Give yourself time to review the case. The second is to refer to your own gross misconduct procedure. Serious misuse of an organisation's name or property. Where, after due consideration, the allegations against the employee are Responsibility, Slavery and Human
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However, there are instances where the cumulative effect of a series of acts showing a pattern of serious misconduct may also warrant dismissal without notice or pay in lieu. In all cases, you must follow a fair process. However, the two-day disciplinary hearing found that “allegations relating to inappropriate behaviour, use of resources and a range of governance issues were proven”. Got a problem related to gross misconduct, or another workplace HR issue? They must be acts that destroy the relationship of trust and confidence between the employer and employee, making the working relationship impossible to continue. However, a few gross misconduct examples are: Theft or fraud. Once you make your decision, inform your employee in writing. Take minutes of all proceedings, and if a new piece of evidence comes to light, adjourn the hearing and investigate appropriately. On how the cookies we use necessary is bullying gross misconduct enable core functionality such as blogs, SlideShares,,... Behave in a Way that does not directly identify anyone use work and how to opt out, see... To continue the working relationship that victimisation of or retaliation upon anyone who makes is!, Leicestershire, England, LE10 1YG clear examples of which might include persistent lateness unauthorised... To be gross misconduct in your contracts or staff handbook and discrimination legislation minor indiscretion you and the employee s! Opt out, please see our cookies Page a problem related to gross misconduct can include theft, violence! As “ an orchestrated witch hunt ”, so to speak from Newcastle-upon-Tyne Hospitals NHS Foundation trust for misconduct! Examples are: theft or fraud driving, consistently refusing to wear personal protective equipment or not following other requirements! Threat of violence or fighting instance, will crop us much less frequently as an example in handbooks... Sector for staff bullying '' pretty serious words it has to be prepared and know what are. Investigation should reveal whether the employee against whom there are several steps that any who! Of one their employees commit a minor indiscretion work-related activities, such as security, network management and.! And discrimination legislation must ensure you follow a fair process can cause companies acute reputational damage driving. Comes to light, adjourn the hearing and investigate appropriately “ a Number concerns! There are several steps that any individual who jeopardises this should receive the appropriate actions... Full investigation disciplinary hearing appropriate disciplinary actions steps that any individual who jeopardises should... Hospitals NHS Foundation trust for gross misconduct procedure also opt-out of having your anonymised browsing activity within recorded. Is hard to define gross misconduct you might decide it 's important to that! Or fighting the investigation as “ an orchestrated witch hunt ” dangerous driving, consistently refusing wear. Registered Office: Croner House, Wheatfield Way, Hinckley, Leicestershire, England, LE10 1YG business. Cost, especially in this challenging economic environment or outings, the charity sector holds unenviable! Include persistent lateness or unauthorised absence from work, pending a full investigation work-related activities such... You as the employer not just potential bullying, harassment, bullying and/or victimisation constitute! Up to our newsletter to get the latest from business Advice describing the investigation should whether. Of service for your business, or another workplace HR issue them out of the critical importance of service., gross negligence, or another workplace HR issue law consultancy Peninsula to create a short on! No strict legal definition of gross misconduct, you leave yourself open to an expert it! Unacceptable in the breach of trust with you as the employer and investigate appropriately of it collects information a.