Disciplinaries
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Gross misconduct can lead to damage to your company
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Get expert guidance on handling misconduct
Gross misconduct and termination isn't always black and white
Employee conduct is a vital part of any business, no matter its size. So, you must deal with all forms of misconduct correctly. Failure to do so can lead to claims of unfair dismissal being raised against you.
You need to understand the difference between misconduct and gross misconduct, with the potential punishments available.
Peninsula offers expert guidance on misconduct of all forms. Our HR team offers 24/7 HR employment advice which is available 365 days a year. We also provide advice through multi-lingual support and fully trained counsellors who are ready to help.
To address gross misconduct, a formal disciplinary process must be followed
The first stage is to make the employee in question aware of the allegation being put before them. This would make up part of the investigation invite letter.
You must carry out a thorough investigation into the alleged misconduct. This includes taking statements from any witnesses and establishing all the facts surrounding the issue.
You may feel the only way to deal with the alleged misconduct is to undertake formal action. What action you choose to hand out depends on the outcome of the disciplinary meeting.
You must provide the employee with the outcome of the hearing in writing and without unreasonable delay. When deciding on which disciplinary action to give to the employee, you must carefully consider all the circumstances.
As an employer, any dismissals must be fair
So if an employee's misconduct warrants dismissal, you need to meet the following standards:
- Be able to show you had reasonable grounds for believing they committed misconduct.
- Be able to show you carried out an investigation into the alleged misconduct.
- Be able to show the dismissal was legally justified based on the nature of the misconduct.
It's important to remember that sufficient evidence is required when instantly dismissing an employee.
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