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A person carrying a cardboard box with the word "Dismissed" written on it

What is Gross Misconduct?

In this episode 208 of the podcast I will explain what gross misconduct is so that you understand when circumstances arise that could be gross misconduct and steps to take.

In this episode of the podcast I cover:

  • What is gross misconduct?
  • The legal test for determining a fair dismissal for gross misconduct
  • The difference between misconduct and gross misconduct
  • Why it is important to set out what constitutes gross misconduct for your business or organisation in your disciplinary policy or rules
  • What is wrongful dismissal?
  • The connection between wrongful dismissal and unfair dismissal for gross misconduct
  • Some interesting example cases
  • 5 key points to consider and take action in relation to gross misconduct

Cases referred to:

Mr George v Dorset Healthcare University NHS Foundation Trust

Ms E Greenaway-Evans v Countryside Properties (UK) Limited

Mr Pubbi v Your-Move.co.uk I also covered the case in detail in Podcast 197 Is it fair to dismiss an employee who fails to declare bankruptcy?

Basildon Academies v Amadi

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Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

Fixed Price Advice from Real Experts


As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

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