Misconduct vs Gross Misconduct


Can you fairly dismiss an employee summarily/immediately for an act that fall short of ‘gross’ misconduct?

In most circumstances summary/immediate dismissal will occur in circumstances where an employee has committed an act of gross misconduct. However, to be fair in law, the misconduct of the employee does not need to be ‘gross’. The key question the Tribunal will need to consider is whether the dismissal fell within the band of reasonable responses. This means that a summary/immediate dismissal it is capable of being a fair dismissal provided that it is for a reason relating to the employee’s conduct.

In a recent case the Employment Appeal Tribunal found that the entire circumstances should be considered including the ACAS Code of Practice and the employer’s disciplinary procedure. If you’re interested you can read the full transcript of the case here.

Wellbeing + TandonHildebrand