Gross misconduct

Acas, in its Guidance on Discipline and Grievance, lists physical violence or bullying, unlawful discrimination or harassment and bringing the employer into serious disrepute among examples of misconduct capable of amounting to gross misconduct justifying summary dismissal.

Sending an abusive or pornographic email, text or image is also likely to amount to gross misconduct capable of leading to the summary dismissal of the sender (without pay or notice pay) (Williams v Leeds United Football Club [2015] EWHC 376 (QB)).

For information on defending members who are accused of bullying or harassment, see the LRD guide: Disciplinary and grievance procedures (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1790).