Home » What is Gross Misconduct?

What is Gross Misconduct?

November 17, 2015,
Navya Shekhar,

[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ last=”yes” spacing=”yes” center_content=”no” hide_on_mobile=”no” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” hover_type=”none” link=”” border_position=”all” border_size=”0px” border_color=”” border_style=”” padding=”” margin_top=”” margin_bottom=”” animation_type=”” animation_direction=”” animation_speed=”0.1″ animation_offset=”” class=”” id=””][fusion_text]Gross misconduct is behaviour by an employee which is so poor, so disgraceful, that the employer cannot be expected to employ him or her any more. The behaviour must be a fundamental breach of the employment contract (the contract can be written or oral). This means a breach of contract which “goes to the heart of the contract”.
The employee’s conduct must be incompatible with the employee’s duties of fidelity, trust and confidence. The act could be one of dishonesty, or an action intended to damage the employer’s standing.

Gross misconduct must be so heinous that it is fair to dismiss the employee without giving any warnings, or even opportunities to improve.

It will be much easier for an employer to prove gross misconduct where the misconduct is listed as grounds for summary dismissal in the employment contract, or disciplinary rules, and/or staff manual.

With some jobs, it will be essential for the employer to list actions or omissions, particular to that industry, which have serious consequences, such as a breach of food hygiene standards in a restaurant kitchen.

 

Previous post: What is freedom of choice of solicitor?

Next post: What are the duties of road users?

[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

social

Share This Post

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email
Share on print
Print

Some of our related posts

We’re not like
other law firms

Ethically driven

Truth Legal was founded on the idea of putting ethics at the centre of legal services. 

Indeed, ethical working is at our core: in treating people fairly, being open and honest, and taking social responsibility. To that end, Truth Legal sponsor a large section of woodland near Harrogate, planting a tree for every one of the clients we represent.

Real lawyers, real people

We believe a good lawyer shouldn’t just offer technical expertise, but a real understanding of what you’re going through and how best to help you. 

Above all, our team are dedicated to their clients – whether that is guiding them through legal complexities, securing compensation, or simply fighting for what’s right.

We won’t blind you with jargon – we give advice clearly. And when technical terms can’t be avoided we explain them in full.

Exceptional service

In contrast to some firms, we don’t overload our lawyers with cases. Our team provide clients with a more personal service, meaning we can dedicate adequate time to your matter.

Just read our client reviews to see what a difference this can make.

Fill out our quick online form with your details and we’ll come back to you

Consent(Required)

© 2022 Truth Legal Ltd is registered in England & Wales (08031477), VAT Registered (135 2552 31),
Authorised and Regulated by the Solicitors Regulation Authority (568741).

Website by browndog.agency