Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Conduct definition

What does Conduct mean? Conduct describes an employee’s behaviour at work (acts or omissions) against contractual terms, workplace policies and expected standards. In UK employment law, conduct is a potentially fair reason for dismissal under the Employment Rights Act 1996 s.98(2)(b), although the term is not defined in statute. Fairness is assessed under s.98(4) and the Acas Code of Practice on disciplinary and grievance procedures. Case law (including the Burchell test) requires a reasonable investigation, a genuine belief on reasonable grounds that misconduct occurred, and a sanction within the range of reasonable responses. Serious or deliberate misconduct may amount to gross misconduct...

Conduct in financial remedy proceedings: thresholds, impact on awards, add-backs, litigation misconduct, bigamy/public policy, procedure and costs (England and Wales)

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Practice notes

Conduct

Under section 25(2)(g) of the Matrimonial Causes ACT 1973 (MCA 1973) and Schedule 5, Part 5 of the Civil Partnership Act 2004 (CPA 2004) — specifically CPA 2004, Sch 5 Pt 5, para 21(2)(g) — conduct is a distinct consideration where, in the court’s opinion, it would be inequitable to disregard it.

The legislation therefore expressly invites the court to assess the parties’ behaviour when determining a financial award.

This, in turn, can encourage parties to set out extensive allegations of each other’s poor behaviour; Form E even asks for such details, but with the caveat that misconduct will only be taken into account ‘in very exceptional circumstances’.

Clients are often keen to pursue conduct-based arguments.

However, within financial order proceedings, conduct is rarely of real relevance, and firm, early advice should be provided accordingly.

Clients should be informed of the court’s approach to conduct and why, in most cases, it is not usually factored into the decision...

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Web page updated on 21/05/2026

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