Definition
Dismissal on grounds of conduct is based on culpable misconduct on the part of the employee – that is, behaviour within their control that breaches the obligations under the employment contract. Examples include repeated unauthorised absences, refusal to work, insults or falsification of working hours. As a rule, a prior written warning is required, which specifies the misconduct and threatens dismissal in the event of a repeat offence. Only in the case of particularly serious breaches – such as criminal offences to the detriment of the employer – may a written warning be dispensable. In court, the employer must prove the specific misconduct.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
Dismissal for conduct-related reasons requires culpable, controllable misconduct on the part of the employee. As a general rule, it requires a prior relevant warning and a balancing of interests. Without a warning, it is only permissible in the case of particularly serious breaches of duty.
Distinction from related terms
Warning: A warning is usually required prior to dismissal for conduct-related reasons. It is intended to give the employee the opportunity to change their behaviour.
Termination on personal grounds: Termination for conduct-related reasons requires controllable misconduct. Termination on personal grounds, by contrast, is based on circumstances beyond the employee’s control.
Practical tip
During the proceedings, the employer must prove the specific misconduct – not merely allege it. Testimony from line managers alone is often insufficient. You should therefore carefully examine what evidence is actually available. An alleged breach of duty that is not fully documented will often not justify dismissal.
