No. Where allegations of gross misconduct arise these should be properly investigated and the individual taken through a fair disciplinary process. If this does not happen then there is a real risk that what would have been a fair dismissal is turned into an unfair dismissal by the lack of process followed. This may mean an employer being on the wrong end of an unfair dismissal claim in the Employment Tribunal, even though the individual had committed gross misconduct.
For all disciplinary matters (not just instances of gross misconduct) it is essential that a proper process is followed. The disciplinary process broadly involves:
D4: Invitation to disciplinary meeting: potential written warning
D5: Invitation to disciplinary meeting: potential final written warning
D6: Invitation to disciplinary meeting: potential dismissal following previous warnings
D7: Invitation to disciplinary meeting: potential dismissal for gross misconduct
D18: Guide to conducting disciplinary meetings
D10: Written warning
D11: Final written warning
D12: Dismissal with previous disciplinary warnings
D13: Gross misconduct dismissal
D14: No further action
D8: Invitation to appeal meeting
D19: Guide to conducting appeal meeting
D15: Appeal outcome letter
D4 – Invitation to disciplinary meeting (potential written warning)
D5 – Invitation to disciplinary meeting – Potential Final Written Warning
D6 – Invitation to disciplinary meeting – Potential Dismissal Following Previous Warnings
D7 – Invitation to disciplinary meeting – Potential Dismissal for Gross Misconduct
D18 – Guide to Conducting Disciplinary Meetings
D10 – Written Warning
D11 – Final Written Warning
D12 – Dismissal with Previous Disciplinary Warnings
D13 – Gross Misconduct Dismissal
D14 – No Further Action
D8 – Invitation to Appeal Meeting
D19 – Guide to Conducting Appeal Meetings
D15 – Appeal Outcome Letter
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