Employment Law: Gross Misconduct

At Healys we are acutely aware of the critical importance of tailoring service and cost, especially in this challenging economic environment. In this film Healys employment partner Nicholas Evans discusses how clients should deal with issues of gross misconduct in the workplace.

[@roberthall6161]

If you can not deal with being fired, you must work for yourself.

[@Mandika68xx]

How can the manager decide it is gross misconduct before the investigation has been carried out?

[@TheStrictlyAwesome]

See if you’re accused of Gross Misconduct but you don’t believe the action was gross misconduct what should you do?

[@pommers23]

You should be given a fair chance to mitigate your actions. And they should of done the right thing in allowing a full investigation and hearing to allow you to do that.

[@seamusogradius8994]

I swore at a colleague and got a level 2 recorded warning for doing this, it was my first time offense, my manager felt awful about it though, cause most of the time I'm an introverted person.

[@annesmith372]

@@seamusogradius8994swearing at a colleague is a gross misconduct. It doesn’t matter how your manager feels about it, probable mitigating factor was that you had a clear record, but not necessarily. You were lucky to not be dismissed.

[@johnb6723]

Would it not be better to standardise into law what constitutes gross misconduct and what doesn't? There would never be any doubts either way then.

[@KimPhilby203]

Manager attacked me physically in an office..managed somehow to put him on the ground....MD offered to rectify situation by offering 80k to settle and shake hands....took the offer...manager still working with me

[@oakleycuddle]

The manager should have been sacked

[@ChristopherWright_souljah]

Excellent video. A very informative look at how gross misconduct is handled by employers and the stages in which they are handled. I found it very interesting, particularly the fact that misconduct can sometimes lead to a criminal investigation depending on the nature of the offence.

[@sandrarodgera]

I quit my job about 2years ago they got mad at me and reported me for elderly I was investigated and they said that there was no elderly abuse 1and a half years later they beged me to come back because they need help I did go back to work for them and now I'm being cheated of my pay

[@jackrussell1601]

Why would you go back to a place that proved they don’t respect or trust you?

[@multijanni100]

the upside of gross misconduct accusation is that they really must have a clear-cut case, otherwise it can fall through

[@msgweks2148]

Very informative

[@voidos8490]

I just got fired on the spot today for standing up for myself and had it labeled as gross misconduct and there was absolutely no investigation whatsoever and the employee that started it got no repercussions plus defamation of character the employee consistently lost their temper complained all the time and was very entitled they lost their temper which was directed at me and I whent to leave to defuse the situation but they got verbal and I was forced into an argument and ended up swearing at them. Now I'm not even allowed in the building

[@mysteriousmat]

Gross misconduct if you haven't been doing hours probley over period time not complete shift is that act gross misconduct.

[@annesmith372]

Yes. It baffles me how is this even a question. It’s a negligence of your duty that you signed for while signing your contract of employment.

[@Monkey16689]

Was unaware my discount card has been used 18k and £2805 discount by 42 other cards and they won’t believe I didn’t give my card out and I’m being sacked what on earth do I do when I can’t prove I’m innocent other than saying I didn’t do what they keep trying to catch me out on my answer is the same !!! I’m due 18th Friday this week!!!!!!

[@memoment431]

I was on a 12 week starting my job. Unfortunately I was sick on one week. I did tell my manager but through data problems I had texted my manager. I was given no verbal warning as far as I'm concerned. Not called in to the office. Yet when I came back to work I was told that my manager was holding an investigation and then in the office I was dismissed immediately for gross misconduct. Is this right and how do I then apply to other jobs with this on my file. Will it affect my next job when I'm attending interviews I'm very concerned.

[@tombaker4489]

How are you now? Ivr been fired for gross misconduct and i feel suicidal as i know i was treated unfairly but no one believes me

[@ivanlopez8770]

So send a text message saying you would be out of work for a week?

[@samiuddin9476]

@@tombaker4489 that is literally me right now

[@SidewaysY]

@@tombaker4489 I believe you, because I can- and because you are not the only one. I do hope you were able to overcome that situation and are doing better. If you are still having struggles, please reach out to someone in the medical field to help. You deserve to have some help sorting out things and having the rest of your life be totally different. *hugs*

[@abdulosman3275]

@@tombaker4489 did you find a job after in facing the same offence

[@oxygentank00]

In our office somebody admitted theft, is that not a ground for immediate preventive suspension?

[@pommers23]

That would be a suspension pending investigation for gross misconduct for sure.

[@MattMussett]

Its every where around from the NHS to dwp