If you have an employee whose conduct either inside or outside the business is causing you concern then this may be a situation which needs dealing with through your disciplinary procedures on the grounds of misconduct or gross misconduct.
What is misconduct?
Typically a disciplinary policy will set out areas that are considered to be misconduct such as:
- Breach of company policy or procedure
- Inappropriate behaviour such as drunkenness
- Unauthorised absence
- Neglect or misuse of company property
- Bullying
- Persistent lateness or poor timekeeping
If these are concerns then having a clear disciplinary policy will guide you in investigating these matters before holding a disciplinary hearing to present and discuss this with the employee in question.
The aim with issues of misconduct is to change the behaviour of an employee for the better, turning a negative issue into a positive.
When does this become Gross Misconduct?
There are certain situation which would be considered more serious, either due to the nature of the issue or the consequence of the actions, these are examples of Gross Misconduct:
- Fighting or violent behaviour
- Serious breach of company policy
- Being under the influence of alcohol or drugs whilst at work
- Accepting bribes
- Fraud or dishonesty
- Theft
- Deliberate damage to company property
- Distributing materials electronically of a pornographic or elicit nature
- Serious acts of insubordination
This is not an exhaustive list but these types of issues typically result in an employee being suspended pending and investigation and this may result in their dismissal.
By following your disciplinary process the aim would be, in general, to agree a way forward to see improved behaviour and avoid a repeat of any such issues.
Clearly, there are many factors that impact on how issues of misconduct are dealt with and I would always recommend seeking advice, especially if you consider this may be gross misconduct and the issues may have the outcome of dismissing an employee.
By handling issues consistently and fairly through a disciplinary process this certainly assists business owners in making fair, reasonable and informed decisions.
If you have any concerns and would like to talk to a qualified Consultant or Employment Solicitor please contact us on 0844 8797286.
Date – 03/2015
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