Dealing with gross misconduct in the workplace is one of the most challenging scenarios for any employer. It’s a serious matter that can lead to immediate termination of your employee’s employment, but it’s critical to approach it cautiously to ensure compliance with employment laws and avoid any unnecessary disputes. If you suspect an employee of gross misconduct, this step-by-step approach will help you to navigate the process effectively.
Firstly, you need to establish whether what your employee has done is considered to be gross misconduct or not. Gross misconduct refers to severe behaviour that undermines the trust and confidence between an employer and employee. Examples include:
- Theft, fraud or dishonesty
- Physical violence or threats
- Harassment, bullying, or discrimination of any kind
- Breach of confidentiality or data protection laws
- Gross negligence causing damage or harm
- Alcohol or drug use impairing performance or safety
It’s important for you to follow Acas guidelines to protect yourself from unfair dismissal claims.
- Suspension: Acas recommends suspending employees only if absolutely necessary, while making it clear that their suspension is not a disciplinary action.
- Investigation: You’re expected to conduct a fair and impartial investigation before deciding whether or not to take disciplinary action.
- Notification: The employee should receive a written notice of the allegations, sufficient details and evidence, and be given time to prepare for a hearing.
- Disciplinary hearing: Acas emphasises the importance of allowing employees to respond to allegations in a formal meeting. The right to be accompanied by a colleague or trade union representative is a legal entitlement.
- Decision-making: Decisions should be based on evidence and the seriousness of the misconduct. Acas stresses treating employees consistently and fairly.
- Communication of the outcome: Employees must be informed of the outcome in writing, including the reasons for dismissal or other disciplinary action.
- Right to appeal: Acas requires that employees be allowed to appeal a disciplinary decision, ensuring another layer of fairness.
- Documentation: To demonstrate compliance with the guidelines, accurate and thorough records of the process should be kept.
By following these principles, you can ensure that your handling of the gross misconduct cases is fair and defensible in case of an employment tribunal claim.
Final words of advice from us on gross misconduct issue – don’t do it alone or without expert HR help. Dealing with gross misconduct incorrectly can lead to costly legal disputes and damage your business’s reputation. An expert HR consultant can guide you through the process, ensuring:
- The correct steps are followed.
- You’re compliant with employment law.
- Your decisions are fair, evidence-based and defensible in an employment tribunal.
Get in touch with us for a confidential chat today.
