Gross Misconduct Examples: A Plain English List for UK Employers

The most useful thing a gross misconduct examples list can do is tell you not just what qualifies, but why. Knowing that theft is gross misconduct is straightforward. Knowing exactly which situations involving a trades employee qualify as theft and which are borderline, is what actually protects your business. This guide gives you a comprehensive list, a dedicated section for trades-specific examples and clear guidance on what to do when you are not certain whether something crosses the line.

Why the list matters

Your disciplinary policy should include a list of gross misconduct examples. It does three things: it tells employees what behaviour will not be tolerated, it helps you classify conduct quickly when a situation arises and it gives you a stronger position at tribunal if a dismissed employee brings a claim.

A policy that says only "gross misconduct may result in dismissal without notice" is significantly weaker than one that says "the following are examples of gross misconduct" followed by specific categories. Tribunals note the difference and so do employees.

Gross misconduct examples: the main categories

Theft and dishonesty

Stealing from the business, from colleagues or from customers. Falsifying business records. Providing false information on a timesheet or expenses claim. Invoicing a customer for work not done. Obtaining money or benefits by deception.

Why it qualifies: dishonesty destroys the trust that the employment relationship requires. Once an employee has stolen or deliberately deceived, a reasonable employer cannot be expected to continue the relationship, regardless of how long the employee has worked for the business.

Violence and threatening behaviour

Physically assaulting a colleague, customer or member of the public during working hours. Threatening behaviour or intimidation intended to make someone fear for their safety. Deliberately damaging property.

Why it qualifies: physical violence creates a duty of care failure for the employer and makes the continuation of the employment relationship impossible. Even a single incident can justify immediate dismissal.

Being under the influence of alcohol or drugs at work

Attending work or a customer's premises impaired by alcohol or drugs. Consuming alcohol or illegal drugs during working hours. Refusing a lawful drug or alcohol test in a workplace where testing is a written condition of employment.

Why it qualifies: in most trades contexts, employees work with tools, in customers' homes or at height. Impairment creates a direct safety risk for the employee, colleagues and members of the public. The employer's duty of care makes this a fundamental issue, not merely a policy breach.

Serious health and safety violations

Deliberately bypassing safety equipment or procedures in a way that creates a genuine risk of serious injury. Removing or disabling safety devices. Ignoring mandatory safety procedures after clear instruction. Failing to use required personal protective equipment on a notifiable site.

Why it qualifies: safety breaches in trades settings can cause death or serious injury. Deliberate violations are treated as a fundamental breach of the employment relationship by tribunals consistently.

Gross insubordination

Wilful, deliberate refusal to follow a reasonable management instruction. Repeated and flagrant defiance of authority in a way that makes the employment relationship unworkable.

Why it qualifies: an employment relationship requires the employee to follow reasonable instructions. Deliberate and persistent refusal makes it unworkable.

Serious breach of confidentiality

Sharing customer data, pricing information or commercially sensitive business information with a competitor or without authorisation. Deliberately leaking business information to a third party.

Why it qualifies: confidential business information is fundamental to the trust that makes the employment relationship possible. Deliberate disclosure destroys it.

Sexual harassment and serious discrimination

Conduct of a sexual nature directed at a colleague or customer. Behaviour that constitutes unlawful harassment or discrimination on the basis of a protected characteristic.

Why it qualifies: harassment and discrimination are not only gross misconduct. They expose the employer to uncapped tribunal liability under the Equality Act 2010.

Serious misuse of company property

Using a company vehicle for criminal activity. Using company equipment to damage property. Accessing illegal material using company systems. Misusing a company fuel card or credit account.

Why it qualifies: deliberate misuse of company resources for illegal purposes is a fundamental breach of the employment relationship and often a criminal matter as well.

Trades-specific gross misconduct examples

These examples are particularly relevant for employers of electricians, plumbers, builders, landscapers and cleaners.

Theft from a customer's home or job site. Taking materials, tools or personal items from a customer's property during a job. This is gross misconduct and potentially a criminal offence. Even taking materials the employee believes are going to be discarded requires clear authorisation from both the employer and the customer.

Turning up to a customer's home drunk or impaired. This is one of the most damaging things a trades employee can do to a small business. It combines a serious health and safety risk with reputational damage and a breakdown in the customer relationship. It qualifies as gross misconduct in virtually every case.

Falsifying a job completion record or customer sign-off. Recording a job as completed when it was not or recording a customer signature that was not obtained, is fraud. It exposes the business to liability with the customer and is a clear breach of trust.

Working without required certifications or suppressing a safety failure. An electrician who signs off a certificate knowing the installation is non-compliant or a gas engineer who conceals a fault rather than reporting it, has committed a serious safety breach and potentially a criminal offence.

Aggressive or threatening behaviour towards a customer. For a trades business where reputation is built one job at a time, aggressive conduct towards a customer is an existential threat. A single serious incident in a customer's home can justify immediate dismissal.

Deliberately damaging a customer's property. Accidental damage is handled differently and is not gross misconduct. Deliberate damage is.

Sharing customer data or job details on social media. Posting a customer's address, photographs of their property or details of their job without authorisation is a data protection breach as well as gross misconduct.

Sharing trade secrets or pricing with a competitor. In a sector where relationships, pricing and methods are a competitive advantage, deliberate disclosure to a competitor is a serious breach of trust and confidentiality.

Examples that are clear-cut

The following situations are generally accepted as gross misconduct without requiring extensive deliberation, provided the investigation confirms the conduct occurred.

An employee caught on CCTV taking cash from a customer's home. An employee who physically assaults a colleague on a job site. An employee who attends a job visibly and severely under the influence. An employee who submits a timesheet showing hours that vehicle tracker data proves were not worked.

In each case, the investigation is still required. But the classification is unlikely to be disputed if the evidence is solid.

Examples that require investigation before deciding

Some situations look like gross misconduct but require careful investigation before you classify them.

A disputed allegation with no witnesses. If the employee denies the conduct and there are no witnesses, you must investigate thoroughly before deciding. Dismissing on the basis of a complaint alone is procedurally unfair even if the complaint is genuine.

A significant mistake. A costly error is not the same as gross misconduct unless it involved deliberate concealment or recklessness so extreme it amounts to wilful disregard for consequences. Genuine mistakes, even expensive ones, are not grounds for immediate dismissal.

A single poor interaction with a customer. A heated exchange or a rude comment is serious and may warrant formal disciplinary action, but it does not automatically amount to gross misconduct. Consider the severity of the conduct, the context and any relevant history.

Off-duty conduct. Conduct outside working hours can be gross misconduct if it is directly relevant to the employment - social media posts about customers, criminal activity that makes the employee unsuitable for the role. Off-duty conduct with no material impact on the employment relationship rarely qualifies.

What to do when you are unsure

If you are not certain whether the conduct crosses the gross misconduct threshold, do not dismiss immediately. Suspend the employee on full pay, carry out a thorough disciplinary investigation and seek HR or legal advice before deciding.

An investigation that concludes the conduct was serious but not quite gross misconduct can still result in a final written warning, which is defensible. A rushed dismissal that fails at tribunal is not.

How Birchlow helps

Birchlow's disciplinary flow walks you through the classification of conduct before generating letters. If the conduct falls into a grey area, the platform flags it and guides you through the correct process for your specific situation.