Gross Misconduct

Q        I have caught a member of staff stealing, can I dismiss them instantly for gross misconduct?

A        You must hold a disciplinary hearing prior to dismissing a member of staff. However, if an employee is found guilty of committing an act of gross misconduct, it is possible to dismiss them without giving notice, or paying in lieu of notice.

Q        One of my employees has been caught downloading inappropriate and offensive materials using the Company's internet facilities.  Can I dismiss fairly for gross misconduct?

A        As long as your company procedures make it very clear that the Company's facilities should not be used for such purposes, and you follow the correct disciplinary procedure, it is likely that any such dismissal would be fair.

See also

• Appeals

• Discipline and Dismissal

• Investigations

• Unfair Dismissal