Misconduct or Gross misconduct

[ath007]

Could someone clarify the situation of conduct issues regarding an instance when two married employees conduct an extramarital affair whilst working within the same company.

grounds for misconduct, gross misconduct??

its not me!

Arthur

[Oneeyedvic]

surely it is dependent on what it says it the contract?

A lot of contracts will not cover this at all.

[buildersmate]

There are no precise circumstances that define gross misconduct - however there specific examples might be quoted in a Company's Handbook. Gross Misconduct means that the employee has broken the contract of employment in such a fundamental way that the employer is not prepared to tolerate employing any longer. In such a case (in the opinion of the employer) it can dismiss the employee without recourse to the disciplinary code of conduct. Of course the employer still has to investigate the circumstances before reaching its conclusion. And the decision could be tested by an Employment Tribunal.
Misconduct defines a broad breach of less-serious employee failings, which can lead to a verbal or written warning. A full process might consist of 1st 2nd and Final Written Warnings - after which another event would normally trigger dismissal. Note that there is no obligation on the employer to follow the process completely - a single event regarded as Misconduct may lead to a Final Written Warning being given.

[samuel23]

We have just had a similar case where I work. The couple in question were taken to the manager's office and given a disciplinary hearing. At the hearing they argued that their personal life was nothing to do with the company and that as they worked in different offices, used their break times to meet and converse, and the affair wasn't affecting the company or anyone connected with it, there was nothing the company could do. They have the same contract of employment as I do, and there is only a tiny section that says 'any action likely to bring the company into disrepute' that would seem to be appropriate. As they aren't openly showing affection (i.e. snogging or shagging) on the premises and they have no contact with the customer base, it would seem that there is no reason for the company to get involved. However, the manager had to be seen to act as 'someone' (we know who it was and she is a mindless busybody!) complained. Eventually a Director stepped in and put a stop to the whole thing, getting written agreement from the couple that they would not contact each other unless it was work related or they were off the company's property.
How wrong is that!! And all because some shrew was jealous of their happiness.

[Whickerman]

grounds for the company to mind its own business perhaps????