what is the difference between alleged misconduct and gross

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

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

how long have you worked there for?

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.

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

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

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

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

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

you are welcome