What is Misconduct?

First, what is misconduct? In common law, misconduct is unethical, improper, or unwarranted action, either by an individual or by an agency or entity that has been lawfully charged with responsibility. Disciplinary offenses are violations of professional obligations and/or rules or regulations and the like.

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Secondly, there could be a criminal penalty involved in instances where an employee has engaged in misconduct. Although there are no legal limits on the types of discipline an employer may impose, there are several categories of discipline generally referred to as “discipline codes”. Generally, a discipline code includes a number of different elements, including: inappropriate verbal conduct, refusal to follow professional standards, gross negligence, prejudice or unethical behaviour in handling clients, and similar actions. For advice on making a Constructive Dismissal Claim, go to a site like www.employmentlawfriend.co.uk/constructive-dismissal

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If an employee engages in the above behaviours, the proper discipline would be a written reprimand, suspension, or termination. Where verbal warning is issued, it is typically confined to an announcement that the employee is being disciplined, without the employee having the opportunity to appeal. If an employee is given a warning for disciplinary reasons, most employers will require a future violation before issuing another warning. A final resort for employers who feel they have legal jurisdiction is to refer the case to a neutral administrative law judge or an arbitrator, who is likely to issue a binding decision. Disciplining an employee based on misconduct is a process best left to an experienced employment solicitor.