Jurisdiction(s):
United Kingdom

Key definition

Gross Misconduct definition

What does Gross Misconduct mean? In employment practice, gross misconduct describes employee behaviour so serious that it destroys trust and confidence, amounts to a repudiatory breach of the employment contract and may justify summary dismissal (dismissal without notice or payment in lieu). It is not defined in statute; its meaning arises from contract and case law, with guidance from the ACAS Code of Practice (England & Wales, Scotland), the Labour Relations Agency (Northern Ireland) and the Irish Code of Practice on Grievance and Disciplinary Procedures. Examples commonly cited in contracts/handbooks include theft or fraud, violence or threats, harassment or discrimination, serious insubordination, gross negligence,...

Gross misconduct in employment: fundamental breach, gross negligence, and the interplay between wrongful dismissal, unfair dismissal and disciplinary rules (Great Britain)

Published by a LexisNexis Employment expert

Practice notes

This Practice Note examines what is meant by Gross Misconduct in the context of wrongful dismissal ie summary dismissal or termination on short notice or no notice

This note explores gross misconduct within wrongful dismissal, meaning summary dismissal or ending employment on short or no notice. It considers fundamental breach of contract, conduct at odds with the duty of fidelity and/or the duty of Trust and confidence, serious Misconduct, gross negligence, and disciplinary rules. It also addresses misconduct for unfair dismissal purposes.

Gross misconduct is behaviour by an employee so serious that the employer cannot reasonably be expected to continue the employment relationship. It must amount to a fundamental breach—one that strikes at the core of the contract. The conduct must be both gross (that is, extreme or out of the ordinary) and culpable (blameworthy). It is behaviour incompatible with the employee’s obligations of fidelity, trust and confidence, for example Dishonesty or acts intended to harm the employer’s interests. A pattern of incidents may, when viewed together, be sufficiently grave to amount to a breach of trust and confidence (see Practice Note: The term of trust and confidence). Actively dishonest conduct should be distinguished from a failure to disclose wrongdoing...

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Web page updated on 21/05/2026

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