Jurisdiction(s):
United Kingdom

Key definition

Misconduct definition

What does Misconduct mean? Misconduct describes an employee’s improper behaviour that breaches contractual duties, workplace rules or reasonable instructions. It is a descriptive term used across employment and professional discipline. In employment law, “conduct” is a potentially fair reason for dismissal (England & Wales and Scotland: Employment Rights Act 1996; Northern Ireland: Employment Rights (Northern Ireland) Order 1996; Ireland: Unfair Dismissals Acts). Statute does not exhaustively define misconduct; its scope is shaped by case law, disciplinary policies and codes of practice. Typical examples include insubordination, dishonesty, unauthorised absence, misuse of company property, bullying or negligence. Ordinary misconduct usually leads to warnings or lesser sanctions....

Chairing a misconduct disciplinary hearing: step-by-step script and prompts (Acas-aligned, England, Scotland and Wales)

Published by a LexisNexis Employment expert

Precedents

Begin with introductions, if needed, and identify who will be taking the minutes during the meeting. Confirm that the employee will receive copies of the meeting notes afterwards
Set out why the employee has been invited, namely to address the Misconduct matter described in the letter sent to them. Clarify that the hearing’s purpose is to review the evidence and allow them to present their account and raise any points they wish. State that no outcome will be reached until after the meeting. If the employee asks what follows a Dismissal or a Warning, explain no decision has been made, but if such action were taken, they would have a right of appeal
Where relevant, record any adjustments implemented in respect of an employee who is, or could be, disabled, and ensure these are acknowledged
Confirm that the issues are being managed in line with either the company’s written Disciplinary procedure, a copy of which the employee holds, or the Acas guidelines, as applicable
Remind the employee exactly what the allegation is and ensure it is clearly stated...

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Web page updated on 22/05/2026

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