List of gross misconduct offences

As part of your disciplinary procedure, it’s wise to insert a list of the offences that you regard as potential gross misconduct and which could therefore render the employee liable to summary dismissal, i.e. dismissal without notice.

Drawing up a list

Whilst it’s obvious to most employees that certain offences are likely to amount to gross misconduct, for example theft or assault, in the vast majority of cases the situation is not quite so clear-cut. It’s always advisable to draw up a list of the offences that you regard as amounting to potential gross misconduct and then insert this list into your standard disciplinary procedure. Our List of Gross Misconduct Offences is a useful starting point but always think carefully about the specific needs of your business before deciding whether or not you would regard particular misconduct as gross. Also, never be tempted to insert every possible item of misconduct you can think of into your list. Just because you have listed an offence as one amounting to gross misconduct doesn’t mean an employment tribunal will necessarily agree with you, particularly if the offence is of a minor nature. The tribunal will, of course, have regard to your list as part and parcel of deciding whether your dismissal decision was within the band of reasonable responses open to you, but the more offences you add to your list, the greater the risk that you will dilute its importance.

Summary, not instant

Even where an employee has committed an offence of gross misconduct, a summary dismissal does not mean an instant dismissal and you will still need to follow a fair disciplinary procedure and hold a formal disciplinary hearing.