How to deal with Gross Misconduct
Let's face it - dealing with serious workplace misconduct is never easy. It's one of those situations that keeps managers up at night, and for good reason. While it might be tempting to act quickly when you discover something serious has happened, taking a step back and handling things properly is crucial.
What exactly counts as "gross misconduct"?
There should be examples of this in your Disciplinary Policy but it will differ from business to business. As a guide, think of gross misconduct as the serious stuff that fundamentally breaks trust between you and your employee. We're talking about:
Dishonesty like theft or fraud
Violence or threatening behaviour
Harassment or discrimination
Major breaches of confidentiality
Serious negligence that puts others at risk
Being under the influence of alcohol or drugs at work
So what should you do if you're facing this situation?
First things first - take a deep breath. While it's tempting to act immediately, following the right process is essential. Here's what you need to know:
Suspension
Sometimes you'll need to ask the employee to stay home while you investigate. Just remember, this isn't a punishment, and you should make that clear to them. But this should be the last resort and you should consider other options first.
Investigation
Take time to gather the facts but not too long - it's not fair on the employee being investigated. Be thorough but reasonable.
Keep the employee informed
Put everything in writing and give your employee proper notice. They need to know what they're accused of and have time to prepare their response.
Hearing
This is their chance to tell their side of the story. They have the right to bring a colleague or union rep along but this person has a clearly defined role.
Reaching a decision
Look at all the evidence carefully. Whatever you decide, be consistent with how you've handled similar situations in the past.
Let them know the outcome
Again, put it in writing. Be clear about your reasons. Remember that your written reasons for your decision may one day be used in an employment tribunal.
Sorry if that sounds scary but it's a very real possibility.
Appeals
Everyone deserves a second chance to make their case. Make sure they know how to appeal if they disagree with your decision.
Keep records
Document everything. You'll thank yourself later if you need to explain your decisions.
A word of wisdom? Don't go it alone
These situations are tricky, and the stakes are high. Getting professional HR help can be invaluable - they'll help you:
Navigate the process correctly
Stay on the right side of employment law
Make decisions that will hold up if challenged
Remember, rushing through this process or cutting corners might seem easier in the moment, but it usually leads to bigger headaches down the road. Take your time, follow the process, and get help if you need it.
Need guidance? That's what HR professionals are for. Reach out for a confidential chat about your situation.
