Misconduct and gross misconduct disciplinary meeting

Misconduct at work can be split into a few distinct categories:

• general misconduct
• serious misconduct
• gross misconduct

Before you take any action yourself it’s important to get expert advice.

We’ve partnered up with small business legal support specialists Farillio, to provide you with the resources and information you need to understand what gross misconduct is, and the process you’ll need to put in place to handle the situation smoothly.

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From gross misconduct examples (and the difference between misconduct and gross misconduct) to meeting outlines, letter templates (including the gross misconduct dismissal letter template) and helpful definitions, Our guide covers these key topics, plus lots more:

• 3 things to consider before starting a misconduct process
• how to tackle employee disciplinary issues: a quick overview
• the disciplinary policy: your starting resource for misconduct by employees
• the different types of employee misconduct (and processes)
• letter templates
• appeals

Definition of gross misconduct

Anything defined as ‘misbehaviour’ by an employee can be classed as misconduct. Usually, there are three types of misconduct which apply, depending on how serious the misbehaviour is. These are general misconduct, serious misconduct, and gross misconduct.

What’s the difference between misconduct and gross misconduct?

In most cases, it depends on how serious the misconduct is. Poor or unacceptable behaviour may be damaging, but regularly arriving late, inappropriate clothing or general ‘time-wasting’ would usually constitute misconduct (sometimes serious), and not gross misconduct.

Gross misconduct is where your employee’s behaviour damages their relationship with you beyond repair. It can open the pathway to rapid dismissal, without notice or pay in-place of notice, if you follow a legal, fair process.

Gross misconduct examples

So, what is considered gross misconduct at work? Here are a few examples:

• serious health and safety rule breaches
• intoxication at work
• theft (and other criminal conduct)
• money laundering and taking bribes
• violence

Gross misconduct letter template

In any misconduct scenario, clarity is key. Setting the position and next steps out in a legal letter format will help you, your employee, a court or tribunal and anyone else involved understand the process you’re following.

Our guide gives you access to these key letter guides and templates:

General or serious misconduct letter templates

• Invitation to informal conduct/behaviour meeting
• No further action letter(s)
• First written warning letter (plus guidance around the second written warning)
• Final written warning letter
• Misconduct dismissal letter
• Invitation to appeal hearing
• Decision on appeal against dismissal letter
• No further right of appeal letter

Gross misconduct letter templates

• Suspension pending investigation letter
• Invitation to disciplinary meeting
• No further action letter (after disciplinary meeting)
• No further action letter (after suspension and investigation)
• Gross misconduct dismissal letter
• Invitation to appeal hearing
• Decision on appeal against dismissal letter

The gross misconduct meeting – what can I expect?

If you’re satisfied that there are grounds for gross misconduct, you may wish to start proceedings by suspending your employee (on full pay). Sometimes this isn’t necessary, and your first step will be to send them an invite to a disciplinary meeting.

At the meeting itself, you’ll cover these key areas (use our guide for details on how to run the agenda, and inviting others to attend - noting that employees have a right to be accompanied in these meetings):

• explaining the format and purpose
• clarifying the allegations
• giving an opportunity to explain
• next steps

Remember, we strongly advise you to take expert legal advice, before and throughout, in case of any fall-out from misconduct proceedings.

This document has been produced by Farillio so we can’t take responsibility for its contents. We'd recommend you take professional advice before making any important decisions based on its contents.