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What Constitutes Gross Misconduct in The Workplace – Infographic

There are certain actions or behaviors that are totally unacceptable in a workplace which will result in an immediate sack without any prior notice or warning. These actions or behaviors are referred to as GROSS MISCONDUCT. There are rules and regulations established in all forms of workplace which not only protect the integrity of the … Read more

Claiming Unfair Dismissal if Dismissed for Gross Misconduct just Shy of the Qualifying Period

In most cases, employees can file a claim for unfair dismissal against their employer only after completing minimum two years of service. Previously the claiming period was one year, however it was extended to two years in 2012. This gives the employers some flexibility when it comes to managing and dismissing staff with less than … Read more

Conduct dismissals

Dismissing an employee by citing gross misconduct should be the last resort for an employer. A dismissal is said to occur when an employer terminates the employee’s contract. Just as formal disciplinary actions become necessary only after the informal methods fail to resolve the problem, an employee should be dismissed only after none of the … Read more

What amounts to gross misconduct?

According to employment law in the UK, gross misconduct is defined as an act, which is so serious that it results in a pay in lieu of notice or dismissal without notice (such dismissals without notice are often called ‘summary dismissal’). Furthermore, all such acts are capable of destroying the relationship of confidence and trust … Read more

Contributory Fault

Contributory fault is when the level of compensation awarded to a Claimant can be reduced by the Employment Tribunal where the Claimant has contributed to their own dismissal in some way.  Section 123(6) of the Employment Rights Act 1996 states “Where the tribunal finds that the dismissal was to any extent caused or contributed to by … Read more

Gross Misconduct and the Burchell Test

British Home Stores Ltd v Burchell [1978] IRLR 379 is one of the most well known and often cited employment law cases.  It sets out the test by which Employment Tribunals can decide whether employers have acted reasonably in dismissing employees for misconduct and capability issues. In terms of misconduct, the Burchell case could be … Read more

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