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....

Non-gross misconduct: Is unpaid suspension a lawful sanction?

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Q&As

In ordinary circumstances, the employer determines the range of disciplinary sanctions, together with the rules on how, and in which situations, they should be used, and records these within its disciplinary policy. For initial Misconduct where instant dismissal would not be fitting, a tiered approach to warnings is commonly adopted, aligned with the disciplinary framework set out in the Acas Code of Practice on disciplinary and grievance procedures (the Acas Code). The terms of the Acas Code ought to be reviewed with care when managing disciplinary matters at work. Although a departure from the Acas Code will not, by itself, create liability, a tribunal can take such non‑compliance into consideration when assessing appropriate cases. It may, therefore, influence how relevant matters are decided accordingly...

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Web page updated on 27/05/2026

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