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Gross misconduct and proportionate decisions
Gross misconduct: Keep the allegation, factual findings and sanction decision separate when assessing serious misconduct.
Anonymised practice examples drawn from cases handled by our team.
Gross misconduct: practical approach
First identify which allegations the evidence supports and explain the employee’s response. Assess seriousness and mitigation before choosing a sanction. A gross-misconduct example in a policy may indicate a serious issue, but it does not establish that the employee committed it or determine the outcome automatically.
What to check and record
Consider alternatives on their actual availability and appropriateness. Measures such as demotion or unpaid suspension need a separate contractual and specialist check before use. The written decision should explain the outcome, authority, reasons and appeal arrangements.
Learning for managers
The lesson is to keep three questions distinct: what is alleged, what is established and what response is justified. A strong decision record explains all three. Neither retaining an employee nor dismissing them is, by itself, proof that the process was fair or that the reasoning was proportionate.
Manager checklist
- Assess each allegation on evidence
- Hear the response and mitigation
- Consider proportionate available outcomes
- Explain reasons and the appeal route
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Further reading
Acas: disciplinary and grievance procedures
General guidance for Great Britain. Use the relevant policy and advice for a live case.
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