We have an employee at the moment who we are considering for Gross Misconduct.
She has been with us for 6 years.
Her employment contract says she must tell the company of any work outside of her employment that she is involved in. We recently discovered she has a role as a Consultant/Advisor role for another company which she does in her spare time which she hadn’t informed us of.

Our Staff Handbook lists Gross Misconduct examples (it does say it isn’t exhaustive list)and includes::-

1) Dishonesty or fraud of any sort
2) Performing, arranging or carrying out any work or activity which adversely affects the company’s interests in any way..

My question is …

Is what she has done classed a Gross Misconduct and warrants an instant dismissal with no notice pay due, or is it not just plain misconduct and warrants a warning and reinstatement.

She argues her case that what she has done is simply not disclose something, and admits that whilst that does breach contract, she has not really harmed the company in any way.

I feel she will take us to tribunal if we dismiss and want to know what the views are out there of what we should do.

Apart from this, she has been a good performer for us during her 6 years with the company.

Thank you for your help and advice.

Maria Marshall