Dismissal for gross misconduct with intent to harm, procedure and consequences
15 June 2026 · 4 min reading time
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Dismissal for gross misconduct with intent to harm is rare, but it can have serious consequences. In this type of termination, the issue is not only whether the employee committed misconduct: it is also necessary to understand why the employer has chosen the most severe classification.
For the employee, this distinction is essential. Misconduct can be serious without necessarily amounting to gross misconduct with intent to harm. Everything depends on the facts alleged, the evidence available, and how the procedure was carried out.
This article reviews the criteria to know, the consequences for the employment contract, the rights that remain due after termination, and the points to check in the event of a challenge.
What is dismissal for gross misconduct with intent to harm?
Dismissal for gross misconduct with intent to harm is a disciplinary dismissal following wrongful conduct by the employee. It falls under dismissal for personal reasons, because the termination is based on facts attributed to the employee, not on the company’s economic situation.
Gross misconduct with intent to harm requires two elements: particularly serious facts and an intent to harm. The employer must therefore prove that the employee deliberately acted against the interests of the company, the employer, its clients, its property, or its operations.
This classification must be used carefully. A conflict with a manager, a professional mistake, negligence, or inappropriate behavior are not automatically enough. Without proof of an intent to harm, gross misconduct may be dismissed or reclassified.
What is the difference between serious misconduct and gross misconduct?
The difference between serious misconduct and gross misconduct with intent to harm is one of the most common questions. Both types of misconduct can lead to a quick termination of the contract, without notice or severance pay. But they are not based on the same logic.
Serious misconduct refers to behavior that makes it impossible to keep the employee in the company, even during the notice period. Gross misconduct, however, also requires an intent to harm.
| Type of misconduct | What characterizes it | Main consequences |
|---|---|---|
| Serious misconduct | The behavior makes it impossible to keep the employee in the company. | No notice period, no severance pay. |
| Gross misconduct with intent to harm | The behavior is very serious and reveals an intent to harm. | No notice period, no severance pay, with the possibility for the employer to claim damages. |
In practice, the boundary can be subtle. An employee may have committed a very serious act without seeking to cause harm. This is why gross misconduct with intent to harm is more difficult to prove than serious misconduct.
What actions can be considered gross misconduct?
There is no automatic list. The classification always depends on the context, the position held, the employee’s responsibilities, the evidence available, and the consequences of the act.
Certain acts may, however, be associated with gross misconduct with intent to harm when they reveal a clear intention to damage the company. This may include deliberately damaging work equipment, disclosing confidential information, diverting clients to a competitor, serious violence toward the employer, or an action intended to deliberately block the company’s activity.
But an example is never enough on its own. Disclosing information, for example, may be deliberately harmful in one situation and a matter of negligence in another. What matters is proof of the intent to harm.
What the employer must prove
In a dismissal for gross misconduct with intent to harm, the employer must not only prove that the facts occurred. They must also demonstrate their seriousness and the intent to harm.
This proof may be based on written messages, witness statements, a context of conflict, repeated behavior, a competing interest, an action deliberately directed against the company, or a clear intention to disrupt business activity.
A vague accusation weakens the procedure. Saying that an employee “caused harm to the company” is not enough. The employer must explain what happened, on what date, in what context, with what consequences, and why the facts demonstrate an intent to harm.
For the employee, this is an essential point to check. Does the letter precisely describe the facts? Does the employer explain why they have chosen gross misconduct rather than serious misconduct? Do the elements put forward truly show an intent to harm?
What is the procedure for dismissal for gross misconduct?
Dismissal for gross misconduct with intent to harm follows the procedure for dismissal for personal reasons. The employer must invite the employee to a preliminary meeting, present the alleged facts, and hear the employee’s explanations before making a decision.
The invitation must state the purpose of the meeting. It may be sent by registered letter or handed over in person against a signed receipt. The meeting cannot take place less than 5 working days after the invitation has been presented or delivered.
After the meeting, the employer must notify the decision in writing. The dismissal letter must specify the reasons selected. In the case of disciplinary dismissal, it cannot be sent too soon after the meeting and must comply with the deadlines applicable to the procedure.
The employer must also act within the disciplinary time limits. In principle, misconduct cannot be sanctioned more than 2 months after the day the employer became aware of it, except in specific cases.
Is precautionary suspension mandatory?
Precautionary suspension is common in gross misconduct procedures, but it is not automatic. It allows the employer to temporarily remove the employee from the company during the procedure when their presence appears incompatible with the seriousness of the alleged facts.
This measure is not the final sanction. It suspends the employment contract while waiting for the employer’s decision.
If dismissal for gross misconduct is ultimately confirmed, the suspension period is generally not paid. However, if gross misconduct is rejected or if the procedure is found to be irregular, the question of payment for this period may arise.
The dates therefore matter: date of the facts, date on which the employer became aware of them, date of the invitation, date of the meeting, and date on which the dismissal letter was sent.
What compensation is paid in the event of dismissal for gross misconduct?
Dismissal for gross misconduct with intent to harm has direct consequences for the sums paid when the contract ends. The employee does not receive severance pay. They also do not work a notice period and do not receive pay in lieu of notice.
However, gross misconduct does not remove all rights. If the employee has accrued paid leave that they have not taken, they may receive compensation for paid leave not taken. This is an important point, because gross misconduct does not automatically cancel all sums due at the end of the contract.
| Sum or right | Consequence in the event of gross misconduct |
|---|---|
| Severance pay | Not paid |
| Notice period | Not worked |
| Pay in lieu of notice | Not paid |
| Compensation for paid leave not taken | Paid if accrued leave is still due |
| End-of-contract documents | Provided to the employee as in any termination |
| Unemployment benefits | Possible if the eligibility conditions are met |
The employee should therefore check their final settlement. Even when the termination is disciplinary, certain rights remain due.
Dismissal for gross misconduct and unemployment benefits, what rights?
Dismissal for gross misconduct with intent to harm does not automatically prevent entitlement to unemployment benefits. The misconduct has consequences for the sums paid by the employer, but it does not in itself deprive the employee of unemployment benefits.
The employee can register with France Travail after the contract is terminated. Their rights will be assessed under the usual conditions, particularly the length of work and affiliation requirements.
This distinction is important: losing the notice period and severance pay does not mean automatically losing all compensation after termination.
Can the employer claim damages?
Gross misconduct with intent to harm may have a specific consequence: the employer can claim damages from the employee if the facts caused harm to the company.
This claim is not automatic. The employer must prove the misconduct, the harm suffered, and the link between the two. They must also establish the intent to harm, which remains the core of the classification of gross misconduct.
This type of claim may arise when the company believes it has lost clients, suffered material damage, seen confidential information disclosed, or experienced deliberate disruption of its activity.
Can dismissal for gross misconduct be challenged?
An employee can challenge a dismissal for gross misconduct with intent to harm if they believe that the facts are inaccurate, insufficiently proven, or wrongly classified. The dispute is not always about whether misconduct occurred. It may also concern the level of seriousness.
An employee may acknowledge a mistake or inappropriate behavior while challenging the intent to harm. In that case, the judge may consider that it is not gross misconduct, but serious misconduct, simple misconduct, or an unjustified dismissal depending on the circumstances.
The challenge may also concern the procedure: disciplinary time limit exceeded, irregular preliminary meeting, unclear letter, insufficient evidence, or disproportionate sanction. Before the employment tribunal, the judge examines the facts, the evidence, and the classification chosen by the employer.
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