Misconduct meaning

This flowchart outlines the steps an employer should take once a performance or capability concern is identified, including collecting key documents such as the contract of employment and appraisal records, considering mediation, appointing who will carry out performance monitoring, arranging informal and then formal meetings, deciding on dismissal or another sanction, and overseeing the appeal stage. Click below to view or print the full-size PDF version: Note 1—identifying whether there is a performance issue If an employee’s output falls short of the required standard, the employer may choose to address it under its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability. A clear distinction should be drawn between misconduct and underperformance. Where conduct is the concern, a disciplinary process is the correct route—see Practice Note: Managing performance—Dealing with poor performance. Before commencing any formal action, review the terms of the employer’s performance procedure and check, for example, whether specific time periods are required between each stage...

This flowchart outlines the steps in a disciplinary process addressing suspected employee misconduct: from fact-finding into the allegation(s), through holding a disciplinary meeting and deciding any sanction, to administering an appeal. Click below to open or print the full-size PDF version: Note 1—dealing with an allegation of misconduct When assessing whether the matter amounts to possible misconduct, it may also be necessary to examine the employee’s contract, the employer’s staff handbook and any other applicable policies or procedures beyond the disciplinary/dismissal procedure, for example an equality/equal opportunities policy or an expenses policy. Remember that a situation that initially appears to be misconduct could instead be a performance or capability issue. See Practice Note: Managing conduct—Dealing with conduct issues. Where a conduct issue arises, the first step is to investigate promptly and without undue delay to establish the facts of the case. Note 2—using mediation In appropriate circumstances, mediation may be considered as part of, or in parallel with, the disciplinary process. If both parties agree to...

SM&CR—timeline This Practice Note charts policy and guidance progress and change on the SM&CR, along with key milestone dates, from 1 January 2025 onwards. For more detailed information and LexisPSL material on the SM&CR, see SM&CR and approved persons regime—overview. For a concise primer on the SM&CR, with additional notes on forthcoming developments, see Practice Note: SM&CR—one minute guide. For all activity before 1 January 2025, see: SM&CR—policy development and key dates—to 31 December 2024 [Archived]. For culture, diversity and inclusion (D&I), and non-financial misconduct related updates, see: Culture and social governance in financial services—timeline. Date Source Documents Description 23 January 2026 FCA FCA invites views on additional rules for cryptoasset firms CP26/4: Application of FCA Handbook for regulated cryptoasset activities – part 2 CP26/4: Application of FCA Handbook for regulated cryptoasset activities II [PDF] As a continuation of consultations on cryptoasset regulation, the FCA is seeking input on how it will categorise cryptoasset firms for the SM&CR. Consistent with its commitment in CP25/25 (paragraphs...

In this issue: Horizon scanning Status and worker categories Benefits Prohibited conduct Unfair dismissal Settlement Employment tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning What to watch in Employment law this winter In 2025, the government’s suite of employment reforms has set the pace, yet noteworthy shifts in case law and workplace culture also merit close attention as winter draws in. Some updates will stem from regulators, including the Financial Conduct Authority, which is anticipated to finalise guidance on tackling non-financial misconduct. Practitioners should also be mindful of the broader adoption of artificial intelligence, alongside a rise in employees voicing politically sensitive opinions at work, both of which demand vigilance as 2026 approaches. See Law360: What to watch in employment law this winter. Status and worker categories European Parliament ready to negotiate better...

In this issue: Horizon scanning Directors Status and worker categories Cross-border, international and jurisdictional issues Recruitment Protected characteristics Prohibited Conduct (discrimination etc) Diversity and gender pay gap Maternity, parents and carers Financial services and banking: employment issues Data protection and employee information Bribery, modern slavery, tax evasion and fraud Employment Tribunals Scotland Ireland LexTalk®Employment: a Lexis®Nexis community Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Horizon scanning BTC launches call for evidence on Employment Rights Bill The Business and Trade Committee (BTC) has opened its first request for evidence for a new inquiry into the Employment Rights Bill (ERB). The inquiry will collect written and oral submissions to steer the Bill’s subsequent passage through Parliament and to gauge whether it is set to meet its stated aims. Written evidence should be submitted by Friday...

In this issue: Horizon scanning Status and worker categories Cross-border, international and jurisdictional issues Benefits Prohibited conduct (discrimination etc) TUPE and asset purchases Bribery, modern slavery, tax evasion and fraud Employment Tribunals Immigration IRLR Highlights—January 2025 Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment Highlights 2024/2025 Horizon scanning Employment Law—looking back at 2024 and ahead to 2025: The Lexis+® Employment team provide a concise overview of the standout employment law changes across 2024 and signpost what to watch in 2025, including movement on the Employment Rights Bill, the forthcoming employer duty to prevent sexual harassment, the Equality (Race and Disability) Bill, plus other impending legislation and significant cases. See News Analysis: Employment Law—looking back at 2024 and ahead to 2025. Status and worker categories MoD loses application to rehear army reservists pension bias case: In Milroy v...

Bankrupt's conduct In determining whether to impose a bankruptcy restrictions order (BRO), the court examines the bankrupt’s behaviour. This typically covers actions that resulted in their inability to meet debts, though the court may take into account any behaviour, occurring before or after the bankruptcy. For guidance on who may bring the application, and the timing and procedure, see Practice Note: Bankruptcy restrictions orders (BROs). Under the Insolvency Act 1986 (IA 1986), a range of behaviours by the bankrupt is set out that the court may weigh when deciding whether a BRO is justified...

The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) defines baseline expectations of fair conduct for handling discipline and grievances at work, and requires both staff and management to adhere to its rules and procedures. These are minimum standards of reasonable behaviour for workplace disciplinary and grievance situations, imposing duties on employees and employers to comply with the Code’s provisions. As a statutory code, it influences a broad range of employment claims; non-compliance can be considered when assessing liability and may affect the level of compensation awarded, in relevant cases. The non-statutory Acas guide on discipline and grievances at work (Acas guide) sits alongside the Code and offers best practice guidance for managing disciplinary and grievance matters in the workplace. Where the Code’s interpretation is uncertain, tribunals may look to and follow the Acas guide. For more detail on the Acas guide, see Practice Note: Acas disciplinary and grievance code—application—Guidance to the Acas Code...

This Practice Note examines the legal framework governing a student’s relationship with their higher education provider in the context of discipline. It reviews the contractual position, its interface with public law, statutory obligations and criminal law. It also outlines categories of misconduct that may prompt disciplinary proceedings, and the factors to assess before any action is initiated. What power does a higher education institution have to discipline a student? Although a student’s dealings with their university are regulated by several areas of law, including: public law, including discrimination law (as set out in the Equality Act 2010 (EqA 2010)) statutory duties relating to freedom of speech on campus, human rights law data protection laws tort law, in respect of negligence claims, and property law concerning student accommodation the institution’s relationship with the student is predominantly contractual (Clark v University of Lincolnshire and Humberside). An institution’s authority to impose discipline therefore derives from that contract. See Practice Note: Higher...

[ To be typed on the employer’s headed notepaper ] [ Insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) I write to [ inform you of OR confirm ] the Company’s decision reached following the disciplinary hearing on [ insert date ] [ , at which you were accompanied by [ insert name ], ]. As you know, on [ insert date ] you were notified in writing that a final written warning had been issued in line with the Company’s [ dismissal and disciplinary procedure ]. That correspondence explained that any further misconduct [ within [ 12 ] [ months OR weeks ] ] was likely to lead to dismissal. As outlined during the disciplinary hearing, the Company considers your conduct to remain unsatisfactory and has decided that you will be dismissed in accordance with the Company’s [ dismissal and disciplinary procedure ]...

Date: [ insert date ] 1 Introduction The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) aims to bolster the UK’s response to economic wrongdoing. It is designed to strengthen the UK’s fight against economic crime. A standout change for commercial organisations is the broadened basis on which companies can be criminally liable for misconduct by senior managers, extending corporate responsibility for their actions. 1.1 What’s the issue? Since 1971, the courts’ identification doctrine has set the test for treating a natural person’s actions and state of mind as those of a legal person. It has been the principal route for attributing criminal responsibility to corporate bodies. Under this approach, only when the ‘directing mind and will’ of a company committed the offence could liability attach to the corporate itself; in practice, this largely captured the managing director or owner when actively running the business. That standard has long been a demanding hurdle for prosecutors, which the government has now materially lowered via ECCTA 2023....

1 Should the [ Board OR Remuneration Committee ], at any point in time within [ three ] years from the date a bonus has been paid to you, in its sole and absolute discretion conclude that any event set out in sub-clauses 1.1 to 1.4 of this clause has arisen, it may demand that you repay some or all of the pertinent bonus payment (irrespective of whether you remain in employment with the Company or any other Group Company), with such repayment to be carried out strictly in line with clause 2: 1.1 [ the Company or any other Group Company being required to materially restate all or part of its financial statements OR your gross negligence, fraud, dishonesty or other misconduct having caused or helped to cause the Company or any other Group Company to materially restate all or part of its financial statements ] ; 1.2 your gross negligence, fraud, dishonesty or other misconduct, or your commission of any further act or...

For guidance on safeguarding confidentiality in the workplace, see Practice Note: Confidential information and trade secrets in employment. For broader support on addressing misconduct, consult the following Practice Notes: Managing conduct Dismissing fairly for conduct reasons Reason for dismissal—conduct Protection from dismissal Under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), a dismissal will be automatically unfair if the principal reason for ending employment is that the worker: has taken part in, or intended to take part in, the activities of an independent trade union at an appropriate time has used, or intended to use, trade union services at an appropriate time For these purposes, ‘an appropriate time’ is: a time outside the worker’s normal working hours, or a time during working hours when the employer has agreed they may engage in union activities or make use of union services The...

Unfair dismissal—conduct and procedure Where an employee pursues an unfair dismissal claim, the onus lies with the employer to demonstrate a fair reason for ending employment. Conduct is one of the potentially fair grounds, but a fair process must also be observed. Ultimately, it needs to be established that dismissal is an appropriate and fair sanction. The Acas Code of Practice on Disciplinary and Grievance Procedures imposes duties on both employers and employees to follow its provisions, with possible sanctions for non-compliance. It describes the standard of reasonable behaviour expected in most situations. For further guidance, see the following Practice Notes: Dismissing fairly for conduct reasons Reason for dismissal—conduct Reason for dismissal—general, in particular section: Potentially fair reasons Acas disciplinary and grievance code—procedural requirements Under the Acas Code of Practice, certain actions—labelled gross misconduct—are so serious in themselves, or carry such serious consequences, that they may justify dismissal without notice even for a first offence. However, a fair disciplinary...

From 28 September 2020, where a self-isolating worker is scheduled to work or carry out any other employment-related tasks during the isolation window (aside from working at home or the location where they are isolating), they must inform their employer that they are obliged to self-isolate, providing the start and end dates of that period. This notice must be supplied as soon as reasonably practicable and, in any case, before the worker is next due to commence work within the isolation period...