Gross Misconduct: What It Means and What You Can Do About It
This article applies to England, Wales and Scotland.
In brief: Gross misconduct is workplace behaviour serious enough to justify immediate dismissal without notice. However, your employer must still follow a fair disciplinary process before dismissing you, even for the most serious allegations. If they do not, you may have a claim for unfair dismissal. Common examples include theft, violence, fraud, and serious breaches of health and safety.
Last updated: February 2026
Being accused of gross misconduct at work is one of the most stressful things you can face as an employee. It can feel like your career and reputation are on the line, and it often comes with an immediate suspension that leaves you in limbo. But an accusation is not the same as a finding, and a finding is not always the end of the story. You have rights throughout this process, and understanding them can make a real difference to the outcome.
This guide explains what gross misconduct means, what your employer must do before dismissing you, and what options you have if you believe the process or outcome was unfair.
What Is Gross Misconduct?
Gross misconduct is behaviour by an employee that is so serious it fundamentally breaks down the trust between employer and employee. Unlike ordinary misconduct (lateness, minor rule-breaking), gross misconduct can justify summary dismissal — termination without notice or payment in lieu of notice.
There is no fixed legal definition in UK statute. The concept comes from general principles of contract law and is applied through the Employment Rights Act 1996 and the ACAS Code of Practice on Disciplinary and Grievance Procedures. According to ACAS, gross misconduct is conduct that is serious enough to destroy the employment relationship and make continued employment impossible.
Most employers set out what they consider gross misconduct in their disciplinary policy or employee handbook. Common examples include:
- theft, fraud, or dishonesty
- physical violence or threats of violence
- serious insubordination (refusing a lawful and reasonable instruction)
- bringing the organisation into serious disrepute
- serious health and safety breaches
- discrimination or harassment
- misuse of confidential information
- being under the influence of drugs or alcohol at work
- serious damage to company property
For a more detailed breakdown with real-world scenarios, see our guide on gross misconduct examples.
What counts as gross misconduct depends on the circumstances. Context matters. The same action might be treated as ordinary misconduct in one workplace but gross misconduct in another, depending on the role, the industry, and the potential consequences.
What Happens When You Are Accused
If your employer believes you have committed gross misconduct, they should not dismiss you on the spot. Even in the most serious cases, the ACAS Code of Practice requires a fair process. That process typically involves the following steps:
1. Investigation. Your employer should investigate the allegations before taking any action. This means gathering evidence, interviewing witnesses, and establishing what actually happened. The investigation should be carried out by someone who is not the decision-maker.
2. Suspension (if appropriate). You may be suspended on full pay while the investigation takes place. Suspension is not a disciplinary sanction and should not be treated as one. It should only happen where there is a genuine reason, such as a risk to the business or to other employees. If suspension goes on for an unreasonably long time, that itself could become a problem.
3. Written notification. Your employer should write to you setting out the allegations, the evidence they have gathered, and the date and time of a disciplinary hearing. You should have enough time to prepare your response.
4. Disciplinary hearing. You have the right to attend a hearing, present your side of the story, and be accompanied by a colleague or trade union representative. Your employer should consider any mitigating circumstances you raise — your length of service, your disciplinary record, any personal difficulties that may have contributed to the situation.
5. Decision. After the hearing, your employer should make a decision. If they decide to dismiss you for gross misconduct, they should confirm this in writing, explaining the reasons and telling you how to appeal.
6. Appeal. You have the right to appeal the decision. The appeal should be heard by someone who was not involved in the original decision if possible.
If your employer skips any of these steps or rushes through them, the dismissal could be found to be unfair, even if the underlying conduct was genuinely serious.
How Tribunals Assess Gross Misconduct Dismissals
If you bring an unfair dismissal claim, the employment tribunal does not decide whether you actually committed gross misconduct. Instead, it applies what is known as the Burchell test (from the case of British Home Stores v Burchell [1978]). The tribunal asks three questions:
- Did the employer genuinely believe you were guilty of the misconduct?
- Did the employer have reasonable grounds for that belief?
- Did the employer carry out a reasonable investigation?
The tribunal also considers whether dismissal was within the range of reasonable responses — meaning, would a reasonable employer have dismissed in the same circumstances? If the answer is no, the dismissal may be unfair even if the conduct was serious.
This is why process matters so much. An employer who cuts corners on investigation or ignores mitigating factors risks losing at tribunal, regardless of what the employee did.
Gross Misconduct vs Ordinary Misconduct
| Ordinary Misconduct | Gross Misconduct | |
|---|---|---|
| Severity | Minor or moderate | Serious — fundamentally breaks trust |
| Typical response | Verbal or written warning | Summary dismissal (without notice) |
| Examples | Persistent lateness, minor policy breaches | Theft, violence, fraud, serious safety breaches |
| Notice pay | Employee receives notice or pay in lieu | Employer may withhold notice pay |
| First offence? | Rarely justifies dismissal | Can justify dismissal for a single act |
Some behaviours can also escalate. Persistent ordinary misconduct — for example, repeated lateness despite warnings — can cumulatively reach the threshold of gross misconduct if the pattern is serious enough.
Wrongful Dismissal vs Unfair Dismissal in Gross Misconduct Cases
These two claims often arise together in gross misconduct situations, but they are different:
Wrongful dismissal is a contractual claim. It focuses on whether your employer had the right to dismiss you without notice. If the employer dismissed you summarily but the conduct did not actually amount to a fundamental breach of contract, you may be owed your notice pay. You do not need a minimum period of service to bring a wrongful dismissal claim.
Unfair dismissal is a statutory claim under the Employment Rights Act 1996. It focuses on whether your employer followed a fair process and whether dismissal was a reasonable response. You currently need at least 2 years of continuous service to bring an ordinary unfair dismissal claim, although this is changing under the Employment Rights Act 2025 — from 1 January 2027, the qualifying period will reduce to 6 months. The compensation cap is also expected to be removed around the same time, though the exact date has not been confirmed.
You could succeed on one claim but not the other. For example, the conduct might genuinely amount to gross misconduct (meaning wrongful dismissal fails), but the employer's process might have been flawed (meaning unfair dismissal succeeds).
What You Lose If Dismissed for Gross Misconduct
A gross misconduct dismissal can have serious practical consequences:
Notice pay. Your employer may not pay your contractual notice period. This is the key financial impact of summary dismissal, and the basis for any wrongful dismissal claim.
References. Your employer is not legally required to give you a detailed reference. Many employers will only confirm your dates of employment and job title. However, if they do provide a reference, it must be accurate and not misleading.
Future employment. There is no central register of gross misconduct findings, and future employers cannot automatically access your disciplinary records. However, if you are asked about your reasons for leaving in an interview and you are dishonest, that could cause problems later.
Benefits. If you claim Universal Credit or Jobseeker's Allowance after a gross misconduct dismissal, you may face a sanctions period before receiving payments. This varies depending on the circumstances.
Accrued holiday pay. You remain entitled to any accrued but untaken holiday pay, regardless of how your employment ended. Your employer cannot withhold this.
What to Do If You Are Facing Gross Misconduct Allegations
Take it seriously from the start. Even if you believe the allegations are unfounded, engage fully with the process. Refusing to participate could work against you.
Request the evidence. You are entitled to see the evidence your employer is relying on. Ask for copies of any witness statements, documents, or other materials before the hearing.
Prepare your case. Think about what happened from your perspective. Were there mitigating circumstances? Did anyone else behave similarly and receive a different outcome? Was there adequate training or policy guidance?
Bring a companion. You have a statutory right to be accompanied at disciplinary hearings by a colleague or trade union representative. Use this right.
Keep records. Save copies of all correspondence, notes from meetings, and any other relevant documents. These could be important if you need to challenge the outcome later.
Consider your options. In some cases, it may be possible to negotiate an exit through a settlement agreement rather than go through the full disciplinary process. This can allow both sides to part on agreed terms, including an agreed reference and a financial payment. Any settlement discussions would typically be conducted on a without prejudice basis.
Know the time limits. If you are dismissed and want to bring an employment tribunal claim, you currently have 3 months minus 1 day from the date of dismissal to notify ACAS and begin early conciliation. Under the Employment Rights Act 2025, this deadline is expected to increase to 6 months from October 2026.
Frequently Asked Questions
Can I be dismissed for gross misconduct on a first offence?
Yes. Unlike ordinary misconduct, where employers are expected to follow a warning process, gross misconduct can justify dismissal for a single incident. However, the employer must still follow a fair disciplinary process and consider any mitigating factors.
Can I claim unfair dismissal if I was dismissed for gross misconduct?
You may be able to if you have at least 2 years of continuous service (reducing to 6 months from January 2027 under the ERA 2025). Even if the conduct was serious, the dismissal could be unfair if your employer did not follow a fair process, did not have reasonable grounds for their belief, or if dismissal was a disproportionate response.
What is the difference between suspension and dismissal?
Suspension is a temporary measure during an investigation. It should be on full pay and is not a disciplinary outcome. Dismissal is the termination of your employment. Being suspended does not mean you will be dismissed.
Do I get paid during suspension?
Yes. Suspension should be on full pay unless your contract states otherwise. Unpaid suspension without a clear contractual basis could itself be a breach of contract.
Can gross misconduct affect my future job prospects?
There is no national register. Future employers cannot automatically see your disciplinary record. However, if your former employer provides a reference that mentions gross misconduct, it must be accurate. Many employers now only confirm dates of employment and job title.
What if I resign before the disciplinary hearing?
Resigning does not necessarily prevent your employer from completing the process or recording the outcome. It may also make it harder to claim unfair dismissal, though in some circumstances a resignation in response to your employer's conduct could support a claim for constructive dismissal.
Sources
- "Disciplinary and grievance procedures", ACAS Code of Practice, 2015 — https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
- "Types of dismissal", ACAS — https://www.acas.org.uk/dismissals/types-of-dismissal
- Employment Rights Act 1996, Section 98 — https://www.legislation.gov.uk/ukpga/1996/18/section/98
- "Dismissal: your rights", Gov.uk — https://www.gov.uk/dismissal