What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?

Posted in : First Tuesday Q&A NI on 4 May 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Discipline and Grievance; Gross Misconduct; Dismissal

What constitutes gross misconduct is a mixed question of fact and law. In general terms, “gross misconduct” connotes the most serious types of misconduct. It must be a fundamental breach i.e. a breach going to the heart of the contract.

The misconduct must be gross (i.e. extreme, or abnormal) and culpable (blameworthy). It will be conduct which is incompatible with the employee's duties of fidelity, trust and confidence. This could be, for example, an act of dishonesty or an action intended to damage the employer's interests. It could also be a series of acts which, when taken together, are of sufficient seriousness to amount to a breach of trust and confidence.

You should consider any

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Back to Q&A's This article is correct at 04/05/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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