What Is Classed As Gross Misconduct?

‘What is classed as gross misconduct?‘ is one of the most common questions our clients ask our expert HR specialists, usually when they feel they need to take swift action but cannot afford to get the process wrong. At GAP HR, we support small, owner-managed businesses across the UK with HR and employment law issues, with a clear focus on keeping them legally compliant and tribunal-free.

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Gross Misconduct Explained

Gross misconduct is best understood as behaviour so serious that it destroys the trust and confidence at the heart of the employment relationship. It goes beyond ordinary misconduct, and in some cases, it can justify dismissal without notice, but only where you have followed a fair process. There is no single ‘official’ list detailing the types of actions that can qualify as gross misconduct; what counts will always depend on the facts, the role, the risk to your business, and what your own policies and contracts say.

Even in an apparently clear gross misconduct scenario, you still need an evidence-based disciplinary process that follows the ACAS Code principles. Otherwise, you increase the risk of an unfair dismissal claim. While you can dismiss immediately for gross misconduct, you must follow a fair procedure, including investigating and giving the employee a chance to respond.

Some Common Examples Of Gross Misconduct

Typical examples often associated with gross misconduct include theft, falsifying records, violence, bullying or harassment, serious health and safety breaches, intoxication at work, serious insubordination, serious confidentiality or data protection breaches, and social media posts that are linked to your organisation and cause reputational damage. However, the same types of behaviour can land very differently depending on their impact and the context. A careless mistake may be misconduct in one job, but in a role handling highly sensitive data or operating machinery, the consequences can be so serious that it may constitute gross misconduct.

Examples of the types of scenarios that may qualify as gross misconduct include the following:

• Confidential Information Shared In A Group Chat

Employees sometimes share customer details, pricing, supplier terms, or internal financial information in a WhatsApp group. If that information is confidential or personal data, it may constitute a serious breach of confidentiality or data protection, and that can potentially be gross misconduct depending on what was shared, who saw it, and the employee’s role and training.

• A Health And Safety Breach That Endangers Others

If an employee deliberately bypasses health and safety guidance, for example, a safety guard on a machine, operating a forklift recklessly, or ignoring a clear instruction that is there to prevent injury, their conduct may be gross misconduct. However, the disciplinary outcome still depends on what your policies say, whether training was given, and whether the breach was deliberate or negligent.

• Falsifying Expenses

Falsifying expenses is not always as straightforward as forged documentation. Patterns like repeated round-ups, mileage claims for journeys that do not exist, or fabricated client lunches are often only discovered after spotting anomalies in spreadsheets or card statements. If you can evidence dishonesty, it can be gross misconduct because the trust element is usually central, but you still need to investigate properly and put the allegations to the employee in writing before any decision.

• Insubordination Tied To Business Risk

Insubordination is often misunderstood, because not every disagreement is gross misconduct. However, cases that involve an open refusal to follow a reasonable management instruction where that refusal puts the business at risk may qualify. Examples include refusing to follow a safety process, refusing to stop contacting a client inappropriately, or refusing to comply with a lawful instruction during an incident. You must typically look at whether the instruction was reasonable, whether the employee understood it, and whether there were any underlying issues, such as health, stress, or misunderstanding, before deciding on an outcome.

How GAP HR Can Support You

We frequently oversee disciplinary and grievance procedures for our clients to ensure that their decisions are fair, unbiased, and aligned with the ACAS Code approach. We also review disciplinary policies and procedures to confirm they accord with the ACAS Code of Practice and suggest changes where needed. More broadly, we provide outsourced HR support to small, owner-managed businesses throughout the UK, helping you deal with difficult situations, including gross misconduct, while staying legally compliant and reducing tribunal risk.

If you are facing a potential gross misconduct issue, you should seek advice as soon as possible. We will help you structure the investigation and paperwork and keep the process moving so you can protect your business without creating avoidable legal risk.