What is Gross Misconduct?

Louise Petty

January 12, 2026

5 min read

Understanding gross misconduct is essential for business professionals, employers and employees alike. For employers and HR teams, it helps to ensure that disciplinary matters are handled fairly and lawfully. For employees, it provides clarity on behaviours that could put their job at immediate risk. In this article, we’ll explain what gross misconduct is, give some examples and outline how to handle or appeal a gross misconduct claim in the workplace.

What is Gross Misconduct?

Gross misconduct refers to behaviour so serious that it breaches the trust and confidence between an employer and an employee. It’s any type of conduct that’s considered unacceptable in the workplace and often leads to dismissal without notice or pay in lieu of notice.

While there is no single statutory definition of gross misconduct, it’s typically defined within an organisation’s disciplinary policy and will be assessed by them based on the severity and impact of the behaviour. The response to gross misconduct will also be handled according to the disciplinary procedures outlined in the company’s disciplinary policy.

What is the Difference Between Misconduct and Gross Misconduct?

Misconduct generally involves minor or moderate breaches of workplace rules, such as persistent lateness or failure to follow procedures, and is usually addressed through warnings or corrective action.

Gross misconduct, by contrast, refers to extremely serious behaviour, such as theft or violence at work, which fundamentally undermines the employment relationship and may justify immediate dismissal.

Examples of Gross Misconduct

What amounts to gross misconduct will depend on the nature of the organisation, the employee’s role and the circumstances surrounding the behaviour. Most employers set out examples within their disciplinary policy to provide clarity and consistency.

While not every incident will automatically justify dismissal, the following examples are commonly regarded as sufficiently serious to be treated as gross misconduct in most workplaces:

Theft, fraud or deliberate falsification of records.
Physical violence, threats of violence or serious harassment.
Sexual harassment of any kind.
Gross negligence that puts people, property or the business at serious risk.
Serious insubordination or refusal to carry out lawful and reasonable instructions.
Being under the influence of drugs or alcohol at work.
Serious breaches of the health and safety policy.
Deliberate damage to company property.
Serious misuse of confidential information or data.

Did You Know?

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Gross Misconduct Procedure

Even where gross misconduct is suspected, employers must follow a fair and reasonable procedure every time, as failing to do so can expose the business to claims of unfair dismissal.

A typical gross misconduct procedure will be set out in an organisation’s disciplinary and grievance policy and is designed to ensure the matter is handled fairly, consistently and in line with legal requirements, including the ACAS Code of Practice.

Even where the alleged behaviour appears serious, employers should avoid making assumptions and must give the employee a reasonable opportunity to understand and respond to the allegations.

A gross misconduct process will usually include the following key steps:

Suspension with pay, where appropriate, to remove the employee from the workplace while enquiries are carried out, without implying guilt.
Investigation to establish the facts, including gathering relevant documents, CCTV footage where applicable and witness statements.
Disciplinary hearing, allowing the employee to present their account, submit evidence and be accompanied by a colleague or trade union representative.
Decision, communicated clearly and in writing, setting out the outcome, the reasons for the decision and any right of appeal.

Appealing a Dismissal for Gross Misconduct

Employees who are dismissed for gross misconduct have the right to appeal the decision after a disciplinary hearing has been carried out. An appeal allows the employee to challenge the outcome, the process followed or the severity of the sanction given. Appeals are not simply a formality and should be considered carefully and objectively.

An employee should usually submit their appeal in writing within the timeframe set out in the organisation’s disciplinary policy. The appeal should clearly state the grounds for appeal, such as new evidence, procedural flaws or the belief that the decision was disproportionate. The appeal should, where possible, be heard by a manager who was not previously involved in the case to ensure impartiality.

From an employer’s perspective, offering and properly conducting an appeal is a crucial part of a fair procedure. The appeal hearing provides an opportunity to review the original decision, correct any errors and confirm or amend the outcome. If the correct process is not followed, even in cases involving serious behaviour, the dismissal may be deemed unfair by an employment tribunal. This can result in expensive compensation awards and severe reputational damage for the organisation.

Gross misconduct is a serious workplace issue with significant consequences for both employers and employees. Clear policies and fair procedures are essential to managing these situations effectively as by handling allegations of gross misconduct carefully and lawfully, organisations can protect their business while ensuring employees are always treated fairly.