Dealing with employee misconduct can often be one of the most challenging things for an employer to face. Misconduct can range from the extremely serious such as violence, theft or dishonesty to the more mild such as tardiness or excessive absences. Nockolds Employment Team can help employers tackle all types of misconduct and assist in running full and fair processes.

Once misconduct has been identified it is important that you investigate what has happened.  Sometimes this will be very straightforward as it may be contained in emails or documents but sometimes this can involve interviewing staff or speaking with third parties. 

If you are satisfied that your employee has committed misconduct you should then follow a disciplinary process which is compliant with the ACAS Code of Practice. This would typically involve writing to the employee setting out the allegations and inviting them to a disciplinary hearing. At the disciplinary hearing the employee should be given the opportunity to explain what happened and introduce any of their own evidence if appropriate. A decision should then be set out in writing.  The employee should be given the right of appeal.

If the employee has committed misconduct a sanction will typically be imposed. This could range from a verbal warning, through a written warning or final written warning, up to dismissal. If the dismissal is due to an accumulation of prior warnings then the dismissal will be with notice, but if the dismissal is for gross misconduct then notice pay need not be paid.

Gary Smith has provided some brief videos which set out in more detail the legal elements of misconduct, which can be viewed here.

How can we help you?

Nockolds specialist Employment Team has extensive experience in dealing with misconduct cases of all kinds, from minor matters through to the most serious acts of gross misconduct.  Along with our internal HR Consultants we can assist you in undertaking investigations, attending disciplinary hearings, preparing letters to the employee and reaching an appropriate decision.