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What’s in the handling workplace misconduct guide?

When misconduct occurs, tackling it head-on could protect your workplace from toxicity and legal consequences. But knowing how exactly to tackle the problem can make all the difference for your business and team. So how do you address it? In this guide, we’ll cover:

• What is workplace misconduct?
• How to navigate misconduct outside of work?
• How to prevent and respond to misconduct?

The information in this article is current as at 18 August 2025, and has been prepared by 91±¬ÁÏ UK Ltd and its related bodies corporate (91±¬ÁÏ). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. Some information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. 91±¬ÁÏ does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and seek professional advice before making any decisions or relying on the information in this article.

What is misconduct at work?

Workplace misconduct is when an employee acts in a way that breaches the expected standards of behaviour, whether those standards are set out in company policies, employment contracts or the law itself. Misconduct may be observed directly by a manager or reported by colleagues.

It’s important to remember that misconduct is not the same as poor performance. Poor employee performance is when someone fails to meet role expectations. If you’re dealing with performance issues, you can leverage performance management tools to better support your employee. Misconduct, on the other hand, is about breaking rules, such as ignoring company policies, disrespecting colleagues or being unreliable in ways that damage the team.

Misconduct generally falls into two categories:

• Misconduct: Less serious breaches like persistent lateness, minor insubordination or inappropriate language.
• Gross misconduct: Serious offences that break trust completely, such as theft, violence or harassment, and can justify instant dismissal.

According to , misconduct is any behaviour that breaches an employer’s rules and harms the employment relationship.

Examples of general misconduct and gross misconduct

Common general misconduct examples

• Unexplained absenteeism: Missing work without notice or a valid reason disrupts operations, strains colleagues and can indicate wider issues.
• Repeated lateness: Continually arriving late reduces productivity and can signal poor time management or disregard for team schedules.
• Missed deadlines: Consistently failing to deliver on time disrupts projects, reduces client confidence, and may require costly workarounds.
• Using inappropriate language: Offensive, discriminatory, or unprofessional language can harm workplace relationships, lower morale, and expose the business to legal risks.
• Wearing inappropriate clothing: Dressing in a manner that violates the company dress code or is unsuitable for the work environment can undermine professionalism and affect team perception.
• Internet misuse: Excessive personal use, accessing inappropriate content, or violating company policies can reduce productivity, compromise security and damage the organisation’s reputation.

These issues aren’t typically grounds for immediate dismissal, but they do call for action, often through formal warnings and targeted coaching.

Gross misconduct examples

Gross misconduct is more serious and can justify dismissal without notice. In these instances, the employee would be displaying more serious insubordination, unacceptable behaviour and gross negligence. Examples include:

• Theft or fraud: Involves stealing money, goods or sensitive information, breaking trust and harming the business.
• Physical violence or bullying: Covers any aggression, intimidation or threatening behaviour directed at someone in the workplace.
• Harassment or discrimination: Refers to behaviour targeting a person based on race, gender, age, sexuality or another protected characteristic. This can include sexual harassment, derogatory comments, exclusion from opportunities or actions that create a hostile environment.
• Serious breaches of health and safety rules: Includes actions that violate safety rules or put others at risk of serious harm, such as ignoring procedures, tampering with equipment or failing to wear protective gear.
• Deliberate damage to company property: Involves vandalism, intentional breakage, or sabotaging equipment, showing a serious disregard for the business.
• Being under the influence of alcohol or drugs at work: Puts safety and performance at risk, whether through drinking on the job, arriving intoxicated or misusing prescription medication in a way that impacts work.

Why employers must take misconduct seriously

• Legal risks: Employers have a duty to provide a safe and fair workplace. Ignoring misconduct can lead to employment tribunal claims, hefty fines or even criminal charges.
• Reputational risks: If your business gets a reputation for tolerating poor behaviour, you’ll struggle to hire and retain talent. That reputation can also impact your business’s relationship with customers and clients.
• Culture and morale: Misconduct damages trust among your team and lowers morale. Allowing bad behaviour to persist in the workplace can hinder other employees from doing their jobs, or create a hostile environment where these disruptions harm mental health and wellbeing.

But how should employers tackle disciplinary action? From addressing the alleged misconduct to conducting a thorough investigation and holding a disciplinary hearing, here’s how to get started:

How to handle misconduct fairly and legally

Follow a fair disciplinary procedure

The ACAS Code of Practice on disciplinary procedures outlines a clear and fair process for managing workplace issues:

• Investigate thoroughly before taking any action. Don’t rely on rumours or assumptions.
• Inform the employee of the allegations and give them enough detail to respond.
• Hold a disciplinary meeting where they can explain their side. Employees also have the right to be accompanied to any disciplinary hearings. 
• Consider all the evidence before deciding on a penalty.

A fair process protects employees’ rights and your business from legal challenges.

Ensure documentation and consistency

Documenting the process protects you from unfair dismissal claims. Keep clear records, from incident reports and investigation notes to disciplinary meetings and the final written warning.

Consistency matters, too. Treating similar cases differently risks claims of unfair treatment. A digital employee management system like 91±¬ÁÏ allows you to have a trail of all employee records and interactions in one secure place.

When to escalate to dismissal

For most misconduct, it’s about following fair warnings and a clear disciplinary process. But with gross misconduct, the rules can vary, as it often justifies instant dismissal without notice.

That said, legal risk mitigation is still important. You must have solid, documented evidence and follow a fair and thorough process before dismissing someone, even for gross misconduct. Skipping steps or acting on weak grounds can lead to costly legal claims, unfair dismissal tribunals or damage to your business reputation.

Workplace misconduct can escalate quickly when you’re unprepared. Stay ahead and download our comprehensive misconduct guide now.