Man pointing a pen and looking angry in an office.

Examples of Gross Misconduct Every Employer Should Know

Gross misconduct in the workplace can seriously damage your business — from loss of trust and team morale to potential legal claims and reputational harm. As an employer, it is essential that you can recognise serious misconduct early so you can take appropriate action.

This guide outlines what constitutes gross misconduct and provides clear examples every employer should be familiar with. Understanding these helps you protect your business and follow fair procedures.

What is gross misconduct?

There is no single legal definition of gross misconduct, but it generally refers to behaviour that is so serious it fundamentally breaches the contract of employment and justifies summary dismissal (dismissal without notice).

According to ACAS and government guidance, gross misconduct can include theft, physical violence, gross negligence, or serious insubordination. Your own company policies or employee handbook may also define specific acts that amount to gross misconduct.

Important note for employers: Even when gross misconduct is suspected, you must still follow a fair and reasonable disciplinary procedure. Failure to do so can lead to unfair dismissal claims.

Common Examples of Gross Misconduct

Here are the most serious types of behaviour that employers should treat as potential gross misconduct:

Fraud and Theft

Stealing company property, money, or stock
Falsifying expense claims, timesheets, or records
Fraudulent use of company funds or benefits
Accepting bribes or kickbacks
Deliberately misrepresenting qualifications or experience

Violence

Physical assault or fighting in the workplace
Threatening behaviour or intimidation toward colleagues, clients, or management
Damage to company property or aggressive acts

Harassment and Sexual Harassment

Unwanted sexual advances or comments
Sharing inappropriate images or content
Any form of discriminatory harassment based on protected characteristics (race, sex, age, disability, etc.)
Creating a hostile work environment through repeated unwelcome behaviour

Bullying

Repeated aggressive, humiliating, or intimidating behaviour toward colleagues
Abuse of power or position
Cyber-bullying or spreading malicious rumours

Breaching Health and Safety Rules

Serious disregard for safety procedures that puts others at risk
Deliberately tampering with safety equipment
Working under the influence of alcohol or illegal drugs in safety-critical roles
Failing to report serious accidents or hazards

Intoxication at Work

Being under the influence of alcohol or drugs in a way that affects work performance or safety
Repeated intoxication that breaches company policy

Other Serious Examples

Gross negligence causing significant loss or damage to the business
Serious breach of confidentiality or data protection rules
Dishonesty that undermines trust
Refusal to obey a lawful and reasonable instruction (serious insubordination)

Protecting Your Business from Gross Misconduct

As an employer, having clear policies, effective training, and a robust disciplinary procedure is your best defence. Acting quickly and consistently when issues arise helps minimise disruption and reduces the risk of successful tribunal claims.

Employment Law Services (ELS) Ltd provides specialist HR and employment law support for employers. We help businesses create strong gross misconduct policies, manage disciplinary investigations, conduct fair hearings, and handle appeals where necessary.

If you’re dealing with a suspected gross misconduct case or want to strengthen your policies to prevent issues, get in touch. Our team offers practical, tailored advice to protect your business.