What are grounds for gross misconduct?

[Tomatoplant]

I am asking this on behalf of a friend who may be in a bit of trouble. Heard that this is a good place for employment advice. My friend told some lies to cover up a mistake, not thinking it would be a big deal. Not a smart thing to do - she realises that now. Another work colleague was persistent in exposing that my friend lied, and managed to get some evidence. My friend has been told that the company now has no choice but to investigate her for dishonesty, but so far have not confirmed if it is serious enough to lose her job.

Is dishonesty grounds for dismissal or will it just be a warning? What normally is grounds for gross misconduct/dismissal?

Depends what the lie was covering up?

It can depend basically. If they feel it 'brought the company into disrepute' then I believe that can be GM.

Or if the lie was covering up something like fraud or theft, then it can be GM.

The disciplinary letter should say what type it is. I.e 'You have been invited to an investigation for GM on the grounds of...."

Can she not ask? Either her manager or HR?

Yes, this could easily be gross misconduct territory. It depends on the nature and seriousness of the initial error, and then the nature and extent of the lies (and, in addition to LalyRawr's points, whether they implicated anyone else).

Even if she is nt sacked, this is probably a good time to start job hunting. Her reputation in that organisation will have plummeted, and she is unlikely to be trusted again. A fresh start is probably her best option.

Yes, it could be, but it very much depends what the lie was covering up and the circumstances.

As above. Depends on what she was covering up.

Has she been suspended pending investigation?

Depends on what she lied for. Even if she doesn't get sacked its unlikely her career will go much further any time soon, she's probably best to start looking for other jobs now.

Have known people to be sacked on gross misconduct for lying by providing company references (for "friend" who was sacked from same company for fraud) when they we explicitly told not to, and also someone sacked for lying about a health and safety incident.

She hasn't been suspended, well not yet anyway. Company said they are assessing whether it is misconduct or gross misconduct. Does being suspended make a difference?

My friend doesn't want me to say what she lied about online as she fears it will expose her to her company. All I can say is that the original lie was perhaps not that bad, but then she continued to lie and add more lies, could not keep up or remember what she had said and then tied herself in knots and then got exposed.

I think suspension can be an indication of how seriously they're regarding the incident.

If they're looking to dismiss they will want to keep their options open but as everyone has said it's probably a good idea for her to be looking for something else now anyway.

A one-off lie which is found out or where the person owns up when questioned might be treated more leniently but tbh, lying repeatedly (regardless of the original magnitude of the lie) is likely to be treated more severely.

The issue with lying is that a breach of trust between her and the employer could be established which means it's untenable for her to stay. Could she get another job easily? Resigning is better than being dismissed re future employment

ACAS is a good place to look to see examples of gross misconduct. It will depend on the gravity of the situation and what the lies were. Her firm should include examples of gross misconduct in the discipline/staff handbook.

ACAS said that it differs from employer to employer. The company haven't suspended my friend and have said worst case scenario is Misconduct.

Are there certain jobs where lying is more of a problem? Like, for instance, a police officer lying will be more serious because their jobs rely on their honesty and integrity. We know a police officer who was accused of lying and treated very seriously.

Police officers are supposed to be honest and trustworthy, yes.

There are very few jobs where lying wouldn't be misconduct, though, and potentially gross misconduct. It would depend on the lie.

Have you ever worked anywhere that didn't require honest, trustworthy employees? I'd expect the employer to say that the working relationship has broken down irreparably as a result of this, to be honest.

I think lying in any capacity is a potential disciplinary offence whether there is an actual loss (ie a financial discrepancy) or questionable conduct behind it. The extent of the deceit may even have repercussion beyond the employer, ie professional status or criminal investigation, which would almost certainly constitute gross misconduct.

Yeah I agree that honesty is important and my friend has learnt the hard way. Regarding places requiring honest and trustworthy employees - not trying to be devil's advocate but I know of places where having a knack for lying or exaggerating well in certain situations (e.g. Sales and Marketing etc.) is rewarded with promotion... Obviously that's not everywhere.

Is that lying to the boss, though, or lying to the client?

While lying in business may not be overly unusual, it's not standard to lie to your boss.

Also, if it was accepted practice to the lie to the boss, I imagine most people would 'fess up as soon as they got called out. They wouldn't further lie.

The company I work for defines GM as a situation where a person's actions are so serious, that they remove the companys trust in them, and of course the whole issue of bringing the company into disrepute.

Agree that she is best to move on either way. Personally I would regard lies upon lies as gross misconduct as it would be a breakdown in trust and confidence for me

GMC is defined in the Company Handbook so she should look in hers.