What is gross misconduct?

The EAT suggested that Tribunals need to provide an analysis on the facts of the case as to what might amount to gross misconduct in the particular situation; and in this case why the Claimant’s conduct was not considered sufficiently serious to qualify, beyond merely providing a generic description of what gross misconduct comprises.

This is a useful case for employers in situations where they might have specific circumstances of an employee’s misconduct which in other situations might not amount to gross misconduct but in the particular circumstances of the work which the employee undertakes, would do so.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222