How to handle gross misconduct dismissals

Author: Claire Birkinshaw

Summary

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• Be aware that gross misconduct is a potentially fair reason for dismissal, provided that you have a genuine belief on reasonable grounds and after reasonable investigation that the employee is guilty of the misconduct.
• Where an allegation is made, look at the list of gross misconduct offences in the employee's contract of employment.
• Act quickly and consider suspending the employee with pay while an investigation is conducted.
• Carry out a detailed and thorough investigation.
• Write to the employee with specific details of the allegations and enclosing copies of the evidence, including witness statements.
• Hold a disciplinary hearing at which the employee has the right to be accompanied.
• Do not assume that police involvement means that nothing can be done about the individual's employment until the criminal proceedings have been completed.
• Consider all the circumstances of the case before reaching any decision to dismiss.
• Notify the employee of the dismissal decision and give them the right of appeal.
• Dismiss without notice or pay in lieu of notice.
• If the employee appeals, hold an appeal hearing.