Conduct

Misconduct will be a potentially fair reason for dismissal in two circumstances, -

1. The first being when the employee has been given a series of warnings about particular conduct under the employers disciplinary procedure and the dismissal is the final stage of the procedure.
2. The second situation is where the employee commits an act of gross misconduct ie conduct that is so serious that it justifies summary dismissal (which means dismissal without notice or pay in lieu of notice). In a case of gross misconduct, it will be irrelevant whether the employee has been given earlier warnings because the single act of misconduct is sufficiently serious on its own as to justify dismissal.-