Gross Misconduct Examples: What Counts and What Doesn't

This article applies to England, Wales and Scotland.

In brief: Gross misconduct is behaviour serious enough to justify dismissal without notice. Common examples include theft, fraud, violence, serious insubordination, and health and safety breaches. There is no fixed legal list — it depends on your employer's policies and the circumstances. Your employer must still follow a fair disciplinary process before dismissing you.

Last updated: February 2026

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If you've been accused of gross misconduct, you're probably scared. The term sounds extreme, and the consequences can be severe — summary dismissal, loss of notice pay, and a difficult conversation in future job interviews. But gross misconduct doesn't automatically mean you'll be sacked, and understanding what actually counts can help you assess your situation clearly.

This guide sets out the types of behaviour that typically qualify as gross misconduct, explains the difference between ordinary misconduct and gross misconduct, and covers what your employer must do before taking action.

What Is Gross Misconduct?

Gross misconduct is behaviour so serious that it fundamentally breaks the trust between you and your employer. Under UK employment law, it gives your employer the right to dismiss you without notice — sometimes called summary dismissal.

There is no statutory definition or fixed legal list. The ACAS Code of Practice on Disciplinary and Grievance Procedures states that gross misconduct includes acts such as theft, fraud, physical violence, gross negligence, and serious insubordination. But ACAS also makes clear that what counts can vary depending on the organisation and the role.

Your employer should set out examples in your contract of employment, staff handbook, or disciplinary policy. If they haven't, that doesn't mean gross misconduct can't apply — but it does make it harder for them to justify dismissal at tribunal.

Common Examples of Gross Misconduct

The following behaviours are widely recognised as gross misconduct across UK workplaces. This list is not exhaustive — your employer may include additional examples in their own policies.

Dishonesty and Fraud

• Theft of company property, stock, or money
• Submitting false expense claims
• Falsifying timesheets or attendance records
• Lying about qualifications or right-to-work status

Violence and Threats

• Physical assault on a colleague, customer, or visitor
• Threatening behaviour or intimidation
• Fighting at work or at work-related events

Serious Health and Safety Breaches

• Deliberately disabling safety equipment or ignoring lockout procedures
• Working under the influence of alcohol or drugs where safety is at risk
• Reckless behaviour that endangers others

Harassment and Discrimination

• Serious bullying or harassment of colleagues
• Discriminatory behaviour related to protected characteristics under the Equality Act 2010
• Sexual harassment or assault

Gross Negligence

• A serious failure of care that causes significant harm or loss
• Deliberately ignoring clear instructions where the consequences are severe

Serious Insubordination

• Outright refusal to follow lawful and reasonable management instructions
• Deliberately undermining your employer's authority in a way that can't be managed informally

Breach of Confidentiality

• Sharing trade secrets, client data, or sensitive business information with competitors or unauthorised people
• Serious breaches of data protection obligations

Criminal Conduct

• Committing a criminal offence at work (possession of illegal drugs, for example)
• Criminal conduct outside work that directly affects your employment or your employer's reputation

What Doesn't Usually Count as Gross Misconduct

Not every mistake or rule-break is gross misconduct. Ordinary misconduct — sometimes called minor misconduct — is behaviour that falls short of gross misconduct and would normally be dealt with through warnings rather than dismissal.

Ordinary Misconduct	Gross Misconduct
Occasional lateness	Repeated no-shows without explanation after final warning
Minor breach of dress code	Serious insubordination or refusal to work
Personal phone use during work hours	Theft of company property
One-off poor performance	Gross negligence causing serious harm
Personality clashes with colleagues	Physical violence or serious harassment

The line between the two isn't always obvious. Context matters — the same behaviour might be ordinary misconduct in one workplace and gross misconduct in another, depending on the role and the risks involved. A delivery driver caught using their phone while driving, for instance, would face a very different assessment from an office worker doing the same thing at their desk.

Your Employer Must Still Follow a Fair Process

Being accused of gross misconduct does not mean your employer can sack you on the spot. Under the ACAS Code of Practice, they must carry out a proper disciplinary process, even for the most serious allegations. This means:

1. Investigating the allegation thoroughly and impartially
2. Informing you of the allegation in writing with enough detail for you to prepare a response
3. Holding a disciplinary hearing where you can put your side across
4. Allowing you to be accompanied by a colleague or trade union representative
5. Making a decision based on the evidence — not assumptions
6. Offering a right of appeal

If your employer skips any of these steps, a tribunal could find your dismissal unfair regardless of whether the misconduct actually happened. Tribunals can increase compensation by up to 25% where the employer unreasonably fails to follow the ACAS Code.

Your employer may suspend you on full pay while investigating. This should be presented as a neutral step, not a punishment.

The "Range of Reasonable Responses" Test

Even if your employer proves gross misconduct occurred, a tribunal will ask whether dismissal was within the range of reasonable responses available to a reasonable employer. Put simply: was sacking you a proportionate response given all the circumstances?

Factors the tribunal may consider include your length of service, your disciplinary record, any mitigating circumstances you raised, and whether similar cases were treated consistently. A long-serving employee with a clean record who makes a serious one-off error may have stronger grounds to argue dismissal was disproportionate than someone with a history of warnings.

What To Do If You've Been Accused

If you're facing an allegation of gross misconduct at work, you have options:

• Request full details of the allegation in writing before any hearing
• Gather any evidence that supports your version of events (emails, messages, witness accounts)
• Attend the disciplinary hearing and present your side — bring a colleague or union rep
• If dismissed, use the appeal process
• If you believe the dismissal was unfair, you may be able to bring a claim to an employment tribunal

The time limit for bringing most tribunal claims is currently 3 months minus 1 day from the date of dismissal. From October 2026, this is expected to extend to 6 months under the Employment Rights Act 2025. You must contact ACAS for early conciliation first.

Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you've been accused of gross misconduct, consider speaking to a solicitor for advice specific to your circumstances.

Frequently Asked Questions

Can I be dismissed for gross misconduct without warnings?

Yes, if the misconduct is genuinely serious enough. Unlike ordinary misconduct, gross misconduct can justify dismissal for a first offence without any previous warnings. But your employer must still carry out a proper investigation and disciplinary hearing before making that decision.

Does gross misconduct go on my record?

There is no public "record" of gross misconduct. However, your former employer may mention it in a reference if asked, provided the reference is accurate and fair. Many employers now give only basic factual references confirming job title and dates of employment.

Can I claim unfair dismissal after gross misconduct?

You may be able to if your employer failed to follow a fair process, if the evidence didn't support the allegation, or if dismissal was a disproportionate response. You currently need 2 years' continuous service to claim ordinary unfair dismissal (reducing to 6 months from January 2027). No qualifying period applies for automatically unfair dismissal.

What is the difference between misconduct and gross misconduct?

Misconduct is a breach of workplace rules that would normally result in a warning. Gross misconduct is behaviour serious enough to justify immediate dismissal. The distinction depends on the severity of the act and its impact on the employment relationship.

Can mitigating circumstances prevent dismissal for gross misconduct?

They can. Tribunals expect employers to consider factors such as length of service, personal circumstances, and whether the employee has shown remorse. Even where gross misconduct is proven, dismissal is not automatic — it must be a reasonable response in the circumstances.

What happens to my notice pay if I'm dismissed for gross misconduct?

If your employer treats the misconduct as a fundamental breach of contract, they can dismiss you without notice and without paying notice pay. This is known as summary dismissal. You would still be entitled to any accrued holiday pay and wages earned up to the dismissal date.

Sources

1. "Code of Practice on Disciplinary and Grievance Procedures", ACAS — https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
2. "Disciplinary Procedure Step by Step", ACAS, 2025 — https://www.acas.org.uk/disciplinary-procedure-step-by-step
3. Employment Rights Act 1996, Section 98 — https://www.legislation.gov.uk/ukpga/1996/18/section/98
4. Equality Act 2010 — https://www.legislation.gov.uk/ukpga/2010/15
5. "Dismissal: Your Rights", Gov.uk — https://www.gov.uk/dismissal
6. "Employment Rights Act 2025", ACAS — https://www.acas.org.uk/employment-rights-bill