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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45293
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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what is the difference between alleged misconduct and gross

Resolved Question:

what is the difference between alleged misconduct and gross misconduct in the workplace
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Has the employer used these terms and if so in what context?
Customer:

he has used the term alleged misconduct and I have to attend disciplinary hearing under the Company

Customer:

disciplinary procedure

Ben Jones :

Alleged misconduct is when you are accused of having been guilty of misconduct in the workplace - so the conduct is alleged, it is not yet proven. Gross misconduct is something very serious, which can lead to dismissal. You cannot really compare the two - you can actually have alleged gross misconduct, but in essence alleged is where you are accused of something and it is yet to be proven, gross is very serious misconduct

Customer:

can I lose my job for alleged misconduct or must my employer follow Company disciplinary procedure

Ben Jones :

Well if the alleged misconduct is proven or the employer follows a reasonable investigation and believes you were guilty, then depending on the seriousness of the offence you can potentially be dismissed

Customer:

I an accused of a physical attack that happened 11 months ago I haven't made any statment

Customer:

10 months ago

Ben Jones :

how long have you worked there for?

Customer:

10 years

Ben Jones :

In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:



  • Conducts a reasonable investigation;

  • Follows a fair disciplinary procedure;

  • Has reasonable grounds for believing the employee was guilty; and

  • Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

Customer:

Evan if the alleged happened 10 months ago why was it not reported befor

Ben Jones :

It depends on when the employer found out about it. If they knew about the incident at the time but have only now decided to take action against you, then it could be too late for them to do anything, however if they only just found out about it then as this is the first opportunity they have had to do anything about it they could still investigate and discipline if necessary - it all depends on when the employer had knowledge of the incident

Customer:

I think the employer new but the complete has just been made

Ben Jones :

that may become more evident once the disciplinary proceedings have commenced and you find out what evidence the employer has about this

Customer:

The employer told me he new and if there was complaint I would not be working there any months ago

Ben Jones :

if they knew they should have taken any formal action at the time, or within a reasonable period of time afterwards, such as a few weeks at most. That is unless any new evidence has come out now, which they did not know of at the time and which will prompt them to take action now

Customer:

New evidence like after 10 months making an Offical complaint

Ben Jones :

depends what was in the complaint and if it contained new evidence which the employer did not know of at the time

Customer:

thank you I think I will be sacked

Ben Jones :

well you should not assume the worst just yet, there is a whole disciplinary procedure to come yet and you have the chance to defend yourself and also appeal

Customer:

thank you Robert M Burt

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45293
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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