Gross Misconduct Calculator

Gross misconduct is behaviour so serious that it fundamentally destroys the employment relationship and justifies immediate dismissal without notice (summary dismissal). Common examples include: theft, fraud, violence, serious insubordination, drug/alcohol use at work, serious health and safety breaches, and criminal conduct. The employer must still follow a fair disciplinary process.

If genuinely dismissed for gross misconduct, the employer can dismiss summarily (without notice pay). However, you are always entitled to accrued holiday pay. If the dismissal is found to be unfair (e.g., inadequate investigation or process), you may be awarded notice pay, basic award, and compensation by a tribunal.

Yes, if the employer failed to follow a fair process. The ACAS Code of Practice requires: a proper investigation, a disciplinary meeting, the right to be accompanied, an opportunity to respond, and a right of appeal. Failure to follow the ACAS Code can result in a 25% uplift in compensation. You need 2 years' service for ordinary unfair dismissal.

Your accrued pension benefits are generally protected — they belong to you. Some schemes (particularly public sector) have forfeiture clauses for criminal convictions related to employment, but these are rare. Your employer must provide your pension options within 6 months of leaving. Auto-enrolment pots remain yours regardless of dismissal circumstances.

This is a complex decision. Resigning may allow you to say you left voluntarily on references, but you lose the right to claim unfair dismissal (unless it amounts to constructive dismissal). You may also lose entitlement to notice pay. However, if the evidence against you is overwhelming and the process is fair, resignation may be pragmatically better for your career. Always seek legal advice before deciding.