Misconduct and gross misconduct

What is misconduct?

Conduct which initially requires disciplinary action other than dismissal (although if further misconduct takes place, it may lead to dismissal). Misconduct can include persistent lateness, unauthorised absence and failure to meet known work standards. The aim of disciplinary action should be to improve future conduct. It is necessary that employers follow a proper disciplinary procedure.

What is gross misconduct?

Serious misconduct which may lead to summary dismissal (dismissal without notice). Examples of offences which are normally regarded as gross misconduct include: theft, fraud, fighting, assault, deliberate damage to company property, being under the influence of alcohol or illegal drugs, serious negligence which causes unacceptable loss, damage or injury, bullying, harassment and serious acts of insubordination.

It is difficult to list all instances of gross misconduct, but companies should give their workers enough examples to make sure they understand what in their workplace constitutes gross misconduct and what the consequences of breaking these rules may be. In cases of alleged gross misconduct employers should suspend workers (on full pay) and carry out an investigation. The worker accused of gross misconduct should be given the opportunity to have his or her say and be accompanied. On completion of the investigation and the full disciplinary procedure, the company may find that gross misconduct has occurred and decide to dismiss without notice or pay in lieu of notice.

Where can you get more information?

The Jersey Advisory and Conciliation Service is available to give advice on writing policies and procedures.

Sample policies are available from the JACS office or examples can be found in our section Model Policies and Procedures.

For further information see PL714 Fair and Unfair Dismissal on the Department of Trade and Industry’s website www.dti.gov.uk/er/regs.htm.