Misconduct

Assess seriousness without skipping a fair process

Misconduct is behaviour rather than lack of ability. It might include unauthorised absence, bullying, refusing a reasonable instruction or breaching a clear workplace rule. The organisation's disciplinary policy should give examples, but a label in a policy does not prove that an allegation happened.

Gross misconduct describes alleged conduct serious enough that dismissal without notice may be possible. Examples often include theft, violence or serious dishonesty, but the label is not an outcome. The Acas disciplinary guidance still requires investigation and a fair procedure.

Start with a precise allegation

State what the employee is alleged to have done, when and which rule or expected standard may have been breached. “Poor attitude” or “not a team player” is too vague to answer fairly. Preserve relevant evidence, speak to witnesses and look for material that may contradict as well as support the allegation.

Give the employee the allegation and relevant evidence before a disciplinary hearing, then let them explain their account. Keep the investigator's fact-finding separate from the decision on any sanction where that is reasonably practicable.

Do not convert a performance problem into misconduct because a capability process takes longer. First decide whether the issue is inability, unclear expectations or a deliberate breach.

Match any outcome to the case

Consider the evidence, seriousness, effect, relevant circumstances, previous live warnings and how comparable cases were treated. Outcomes may range from no action or informal guidance to a formal warning or dismissal. The employee should receive the decision and reasons in writing and have a route to appeal.

The current 2015 Acas Code is the Great Britain baseline. Northern Ireland uses a separate framework. Whichever applies, the file should let a fresh reader understand the allegation, evidence, response and reasoning without reconstructing the case from scattered messages.

Review this explanation if a revised Code is published, laid or approved, and again when it comes into force. A draft Code does not change today's process.