There are three categories of “Gross Misconduct.” First of all, there are specific actions that automatically qualify as Gross Misconduct. According to, the definition of gross misconduct is "Indiscipline so serious (such as stealing, or work place violence) that it justifies the instant dismissal of an employee, even on the first occurrence.". If an employee really had committed a fundamental breach of contract entitling you to instantly dismiss for gross misconduct, would you really want to re-employ them? Although as a suggestion for the future, you may want to look in to keeping something around for situations just like this. Preferably something that isn't sold in the store you work at. Sugar pills or a candy bar or a bottle of soda or something, that you can keep with you, just in case. If the employee makes a claim against you following an upheld appeal, an employment tribunal will investigate the conduct of your company to determine whether your decision … I certainly would not be hauled up for swearing twice, unless its to a clients face or in their earshot. Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice. Firstly, each company's definition of gross misconduct is different. That means a dismissal without giving notice or making a payment in lieu of notice.

Therefore, if you have been dismissed for gross misconduct, your employer may feel to include such information on the reference along with other factual references like the dates of … How an employment tribunal will treat an unfair dismissal claim after gross misconduct. A claimant who is fired for “Gross Misconduct” will be disqualified from ALL benefits, until she returns to “covered employment” for thirty (30) days. (Such dismissal without notice is often called ‘summary dismissal’.)

Typically this is communicated orally to an employee and then confirmed in writing. There is still hope and steps that can be taken in order to help your chances of finding a new job. Yes I know people who have been employed after losing jobs for gross misconduct. There is nothing in employment legislation or case law specifically preventing re-employment in these circumstances, but it does seem to undermine the dismissal for gross misconduct in the first place. Gross Misconduct Definition. When an employee has committed an act of gross misconduct, or is otherwise in fundamental breach of contract, the employer is entitled to bring the contract to end by summary dismissal. Finding a new job can often be quite the struggle, but when you have recently been terminated because of gross misconduct, it can make the search for a new job a completely different type of struggle.

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