What happens if an employee is dismissed for gross misconduct?
If the proper procedures are followed – something you can ascertain with the help of employment solicitors – the dismissed employee may lose their entitlement to notice pay or payment in lieu of notice. There are some employers who believe that a summary dismissal for gross misconduct means that employment can be terminated instantly.
Is it legal to dismiss an employee without notice?
Well, summary dismissal – dismissal without notice – can sometimes be legally acceptable when an employee commits an act of gross misconduct. It’s always best to consult the experts when looking to sack an employee – contact us now.
What is the legal definition of gross misconduct?
What constitutes gross misconduct is not something that has been clearly defined by employment law. Individual employers will need to clearly define the company’s specific definition of gross misconduct in employee contracts or the company’s employee handbooks.
When does gross misconduct warrant dismissal without notice?
Gross misconduct is an act which is so serious that it justifies dismissal without notice, or pay in lieu of notice, for a first offence. They must be acts that destroy the relationship of trust and confidence between the employer and employee, making the working relationship impossible to continue.
Well, summary dismissal – dismissal without notice – can sometimes be legally acceptable when an employee commits an act of gross misconduct. It’s always best to consult the experts when looking to sack an employee – contact us now.
Can a company Sack an employee for gross misconduct?
Tempted to sack someone on the spot but not sure about the law? Well, summary dismissal – dismissal without notice – can sometimes be legally acceptable when an employee commits an act of gross misconduct. It’s always best to consult the experts when looking to sack an employee – contact us now.
How to get a dismissal for gross misconduct?
For the dismissal to be considered fair: 1 The employer has to genuinely believe that the employee had committed the misconduct. 2 The employer must show that they had reasonable grounds for believing this. 3 When reaching that conclusion, the employer must demonstrate they have carried out a reasonable investigation.
When is an allegation of gross misconduct at work?
Furthermore, if the employee’s behaviour was deliberate or amounted to gross negligence, it should be considered gross misconduct. If a hearing finds the staff member guilty, you can dismiss them with immediate effect. How should I manage an allegation of gross misconduct at work?