If you have an employee that has behaved inappropriately, you may be able to bring their employment to an end as a result.

Whether you are able to terminate their employment because of their actions will depend on whether it can be classed as gross misconduct. Gross misconduct is something that is so serious that it justifies bringing the employment relationship to an end and may also include things that you have listed as being acts of gross misconduct in either your employment contracts or staff handbook.

Even if the act in question does amount to gross misconduct, you must still follow a proper disciplinary process with that employee before you terminate their employment. Failure to do so can leave your business open to very costly employment claims, even where you might otherwise have been within your rights to dismiss the employee.

How we can help

If one of your employees has behaved in a way that has led you to want to end their employment, we would encourage you to contact our Employment team as early into the process as possible, and we can advise you on whether we think the behaviour amounts to gross misconduct and, in any event, on the proper process to follow.

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