Workplace misconduct can happen in any organisation – from repeated lateness and insubordination to serious breaches such as fraud or violence. It refers to behaviour by an employee that falls below the standards expected at work or breaches company rules.
For employers, how misconduct is managed matters just as much as what happened. Mishandling a disciplinary process can expose a business to unfair dismissal claims, reputational damage, and unnecessary legal costs.
That is why every employer, regardless of size, needs a clear framework for identifying, investigating, and dealing with misconduct.
At Kingfisher Professional Services, we help business owners handle workplace issues confidently and lawfully. Our employment-law and HR consultants provide practical support – from drafting misconduct policies to guiding you through disciplinary investigations and hearings, so you can protect your business and your people.
Defining Misconduct and Gross Misconduct
What Is Misconduct?
“Misconduct” covers a wide range of unacceptable workplace behaviours that breach your organisation’s rules, policies, or standards. It might not always be deliberate or severe, but it still needs addressing.
Common examples include:
- Persistent lateness or unauthorised absence
- Insubordination or refusal to follow reasonable instructions
- Misuse of company equipment or property
- Breaches of health and safety rules
Left unchecked, these issues can harm productivity, morale, and trust between employer and employee. Having a consistent process helps maintain fairness and sets clear expectations for all team members.
What Is Gross Misconduct?
“Gross misconduct” refers to behaviour so serious that it destroys the employment relationship and justifies dismissal without notice or pay in lieu.
Typical examples include:
- Theft or fraud
- Physical violence or threatening behaviour
- Serious insubordination or bullying
- Gross negligence causing loss or damage
- Serious breaches of confidentiality
Whether conduct qualifies as gross misconduct depends on the context, employment contract, and industry. Employers should never assume an act is gross misconduct without a fair investigation first.
Why Employers Need a Robust Misconduct Framework
A fair, transparent misconduct process is not just good practice – it is a legal requirement. If an employer fails to follow a fair disciplinary process, an employee may claim unfair dismissal, even if the misconduct itself was genuine.
The ACAS Code of Practice on Disciplinary and Grievance Procedures provides the standard for how disciplinary cases should be handled. Employment tribunals can increase compensation by up to 25% if an employer unreasonably fails to follow this Code.
Beyond compliance, a strong misconduct framework benefits the business by:
- Setting clear behavioural standards and expectations
- Promoting consistency and fairness across departments
- Reducing disputes and grievances
- Protecting the business from reputational and legal risk
Kingfisher’s experts can help you review or build a disciplinary framework that aligns with your culture, policies, and the ACAS Code, giving your business complete peace of mind.
Building or Updating Your Misconduct Policy
Key Components of a Misconduct Policy
A good misconduct policy should make it easy for both employers and employees to understand what is expected. It should include:
- Clear definitions of misconduct and gross misconduct
- Practical examples of unacceptable behaviour (e.g., persistent lateness, misuse of property)
- Step-by-step disciplinary procedures: investigation, meeting, decision, appeal
- Employee rights: right to be accompanied, right to appeal, timescales
Practical Drafting Tips and Checklist
- Include it in the employee handbook and link to contracts
- Review it regularly as your business or the law changes
- Ensure line-managers are trained to apply it consistently
- Communicate it clearly to new and existing employees
Kingfisher can help you draft, review or update your misconduct policy to ensure it remains compliant and effective.
Step-by-Step: Managing a Misconduct Case
Informal Intervention
Not every issue needs to become a formal disciplinary case. For minor misconduct, an informal conversation can often resolve the matter quickly.
This might involve a private discussion, coaching, or a verbal reminder about expectations. However, if the behaviour is repeated or more serious (e.g., insubordination or dishonesty), you should move to a formal process.
Investigation Phase
Every disciplinary process must start with a fair investigation to establish the facts. This includes:
- Gathering witness statements and evidence
- Reviewing documentation or CCTV where relevant
- Considering whether temporary suspension is necessary (only if there’s a genuine risk to the business or evidence)
The investigation should be prompt, objective, and documented. Avoid assumptions or bias. The purpose is to decide whether there is a case to answer, not to prove guilt.
Disciplinary Hearing
If the investigation suggests there is a case to answer, invite the employee to a disciplinary hearing. Provide:
- Written notice of the allegations and supporting evidence
- Details of their right to be accompanied by a colleague or trade union representative
- A reasonable amount of time to prepare
At the hearing, present the findings, allow the employee to respond, and ask clarifying questions. Adjourn before making any final decision.
Outcome and Sanctions
After considering all the evidence, decide on an appropriate outcome. This may include:
- No action
- Informal warning
- Written or final written warning
- Dismissal (with or without notice, depending on the severity)
If the decision is dismissal, ensure it meets the test of reasonableness and that you have followed a fair procedure. Confirm the outcome in writing, outlining the right of appeal.
Manager’s Scripts, Warning Templates & Appeal Workflow
Having clear templates and scripts helps ensure consistency and confidence when handling disciplinary issues.
Example Manager Script
“We are meeting today to discuss concerns about your recent attendance. This is a formal disciplinary meeting under the company’s disciplinary procedure. You have the right to be accompanied, and you will have the opportunity to respond before any decision is made.”
Written Warning Template
- Summary of the incident or misconduct
- Reference to previous warnings (if any)
- Expected standards of behaviour or performance
- Timescale for improvement
- Consequences of further misconduct
Appeal Workflow
- Employee lodges appeal in writing within the set timeframe (usually five working days)
- Appeal heard by someone not involved in the original decision
- Outcome confirmed in writing with clear reasoning
- Records securely stored for future reference
Kingfisher provides ready-to-use templates, manager training and tailored HR guidance to help ensure disciplinary cases are handled fairly and confidently.
Distinguishing Between Poor Performance and Misconduct
It is vital to distinguish between capability (performance) and conduct (behaviour). Confusing the two can lead to unfair processes or outcomes.
- Performance issues relate to an employee’s ability or competence to do their job. For example, failing to meet sales targets despite training or support.
- Misconduct involves deliberate or careless behaviour, such as persistent lateness or breaching company rules.
Sometimes, the two overlap – for instance, repeated lateness after prior warnings can shift from a performance issue to misconduct. Clear records, communication, and consistent handling are key.
How Kingfisher Professional Services Can Help
Handling misconduct fairly and lawfully takes time, knowledge, and confidence. Kingfisher’s HR and employment-law experts can provide all three.
We offer:
- Policy drafting and review to keep your disciplinary procedures compliant
- Training for managers on investigations, hearings, and outcomes
- Template letters, checklists and workflows for consistent handling
- Outsourced HR support for businesses without in-house teams
Our goal is to help you manage misconduct with confidence, reduce the risk of tribunal claims, and maintain positive employee relations. With Kingfisher on your side, you can focus on running your business while we handle the complexities of employment law.
Conclusion
Every employer faces misconduct at some point. The key is how you respond.
By defining misconduct clearly, following a fair and consistent process, and training managers effectively, you protect both your team and your business.
With Kingfisher’s expert guidance in HR and employment law, you can manage disciplinary issues confidently, ensure compliance with the ACAS Code, and reduce the risk of costly disputes.