Effective disciplinary procedures should allow employers to deal with unacceptable or improper behaviour in the workplace fairly and lawfully while reducing the threat of grievances and tribunal claims.
While ‘ordinary’ misconduct is where an employee breaks workplace rules, such as persistent lateness, gross misconduct covers more serious acts or behaviours and as such, can warrant more severe disciplinary action, including dismissal without notice.
Gross misconduct has the effect of causing damage to the organisation or its reputation, or irreparably breaking trust and confidence in the employer/employee relationship. Examples could include theft, fraud, physical violence, damaging company property, bullying, health and safety breaches, incapacity in the workplace due to drugs or alcohol and serious insubordination. Organisations may also have their own specific rules on what constitutes gross misconduct, which should be detailed in the employee handbook or disciplinary policy.
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