Meaning & use

wilful misconduct

noun·AdvancedlegallawformalBritish

Last updated

UK/ˌwɪlfəl ˈmɪskəndʌkt/
US/ˌwɪlfəl mɪsˈkɑːndʌkt/

Meanings

  1. noununcountablelegallawformal

    Deliberate bad behavior by someone who knows it is wrong or does not care about the risk, especially in law and insurance.

    Grammar: Uncountable; do not use a plural or 'a'. It often follows words like 'gross' or 'serious'.

    Patterns

    • gross wilful misconduct
    • a claim for wilful misconduct
    • be dismissed for wilful misconduct

    The company argued that the employee's actions amounted to wilful misconduct, so it did not have to pay the full bonus.

    The insurance policy does not cover loss caused by wilful misconduct.

    She was accused of wilful misconduct after she ignored clear safety rules.

  2. noununcountablelegallawbusiness

    In employment law, serious intentional wrongdoing that can justify immediate dismissal without notice.

    Grammar: Uncountable and often used after 'for' or 'of' in legal writing.

    Patterns

    • dismissal for wilful misconduct
    • termination for wilful misconduct

    The tribunal found that the manager's behavior was not wilful misconduct, so the dismissal was unfair.

    An employer must prove wilful misconduct before firing someone without notice.

Common combinations

gross wilful misconduct
The court described the director's behavior as gross wilful misconduct.
a finding of wilful misconduct
The report made a finding of wilful misconduct against two officers.
alleged wilful misconduct
The lawsuit claims alleged wilful misconduct by the security team.
dismissal for wilful misconduct
Dismissal for wilful misconduct is allowed only in serious cases.
exclude liability for wilful misconduct
You cannot exclude liability for wilful misconduct in this contract.

Synonyms and how they differ

gross negligence
This means a very serious lack of care, but it does not require proof that the person intended the harm, so it is weaker than wilful misconduct.
intentional wrongdoing
A general phrase for deliberate bad acts; wilful misconduct is the legal term used in contracts and employment rules.
misconduct
This is the broader term for any bad behavior at work; wilful misconduct specifies that the behavior was deliberate.

Opposites

negligencegood conduct

Word family

willful adjective
American spelling of wilful; means deliberate or done on purpose.
wilfully adverb
In a deliberate way; often used in legal contexts.
misconduct noun
Bad or unacceptable behavior, especially by a professional person.

Commonly confused: wilful misconduct or negligence? wilful misconduct or willful?

wilful misconduct vs negligence

Negligence is carelessness without intending harm; wilful misconduct involves knowing or deliberate wrongdoing.

wilful misconduct vs willful

This is the US spelling of the first word in the phrase, not a separate legal term.

Practice

The insurance company refused to pay because the fire was caused by the owner's ______.

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