What is deemed serious misconduct?

What is deemed serious misconduct?

Serious misconduct is conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract. Serious misconduct includes theft, fraud, assault, intoxication at work and the refusal to carry out lawful and reasonable instructions consistent with the employment contract.

Can you dismiss an employee for gross misconduct?

Although gross misconduct situations warrant dismissal without notice, this does not mean instant dismissal i.e. immediate dismissal of the employee as soon as you become aware of the allegation.

What to do when an employee is fired for misconduct?

To make sure the dismissal is fair when misconduct is not ‘serious’ or ‘gross’: Arrange a meeting with the employee, telling them the reason for it. At the meeting, give them a chance to explain and issue a first written warning if you’re not satisfied with their reasons.

What is the procedure for dismissal for misconduct?

The general procedure for misconduct related dismissals are: conduct an investigation to determine whether there is proof of the suspected misconduct; make clear charges in respect of the suspected misconduct so that the employee has enough information to prepare for the disciplinary hearing; give reasonable notice of the disciplinary hearing.

Can you legally terminate an employee for unfair dismissal?

You will regularly hear of, what appear to be, eye watering awards to employees for unfair dismissal. You may be surprised to hear that you can, in fact, legally terminate the employment of an employee. Are you an employee who is concerned about losing your job? Do you want to know what the grounds for a fair dismissal are? Let’s take a look.

When to dismiss an employee for serious misconduct?

‘Serious enough’ includes if it’s likely to or has caused serious harm to the organisation itself. Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

Can a person be fired for gross misconduct?

Generally, all employers will regard theft, physical violence and/or serious insubordination as gross misconduct. However, some employers may also consider that a flagrant disregard of health and safety rules warrants summary dismissal, or breaches of confidentiality in a care setting.

Can a gross misconduct lead to instant dismissal?

There is a need to distinguish between gross misconduct, which can lead to instant dismissal and ordinary instances of misconduct. What are grounds for instant dismissal? Gross misconduct can lead to instant or immediate dismissal without notice or pay in lieu of notice. Examples of gross misconduct include:

Which is an example of a dismissal without notice?

Gross misconduct can lead to instant or immediate dismissal without notice or pay in lieu of notice. Examples of gross misconduct include: Your contract of employment can contain further information about gross misconduct.