Conduct Dismissal

Conduct Dismissal is where your employer dismisses you because of your behaviour at work.

A conduct dismissal is one of the potentially fair reasons for dismissal, but no matter what, your employer must follow a fair process before dismissing you.

There are many types of behaviour that may lead to a conduct dismissal, they can be as trivial seeming as repeated lateness without a valid reason or as serious as theft, although this would probably take us into the realms of gross misconduct.

The difference between a conduct dismissal and a gross misconduct dismissal is simply the magnitude of the behaviour involved, but you should be aware that repeated trivial issues are just as likely to get you fired as a one off serious problem. If you are fired because of your conduct you are likely to have had at least 2 warnings before you are fired and when you leave the company you will be given notice of the dismissal or pay in lieu of the notice. However if you are dismissed for gross misconduct you may not have had any previous warnings and you will not be entitled to notice or pay in lieu.

Examples of poor conduct may be:

Absenteeism, lateness, insubordination, failure to follow company rules, heath and safety violations or failure to follow correct procedures.

Examples of gross misconduct may be:

Theft, dishonesty, bullying, discrimination, violence or drinking the company’s name into disrepute.

The above examples are by no means exhaustive so there may be an entirely different reason why you were fired, but in all cases the correct procedure as laid down in the ACAS code of conduct must have been followed. If you believe you have been unfairly dismiss you can call the employment experts at Alpha Law for advice on your next move, but remember in most cases you only have a 3-month window from your date of dismissal in which to make a claim to the employment tribunal. Call on: 0845 070 0505 (Please note: Calls to this number will cost approximately 4p per minute plus your telephone company’s access charge).