We’ve always emphasised the importance of carrying out a comprehensive investigation when an allegation of gross misconduct has been made. But is this still necessary where you personally witness an
act of gross misconduct?
Published 09.10.2015
Employees often help themselves to their employer’s stock, particularly items of low value. But, as a recent case shows, you don’t have to prove such misconduct “beyond all reasonable doubt”. So what
are you required to do?
Published 17.12.2012
An employee who was accused of stealing a soft drink and subsequently dismissed has been awarded over £20,000 by the tribunal. Where did the employer go wrong?
Published 19.06.2018
You’re supposed to supply witness statements to an employee charged with a disciplinary offence. But what if the witness is scared of reprisals? Can you fairly dismiss an employee when they’ve not
seen the evidence against them?
Published 25.01.2007
An employee who was dismissed for referring to his bosses as “twit and twat” in a text to a client has won his tribunal claim for unfair dismissal. The employer involved made a fatal error. What was
it and how could it have been avoided?
Published 02.07.2020
You’ve carried out a proper disciplinary procedure and come to the conclusion that both are guilty of gross misconduct. Is it OK to dismiss one and give the other a final written warning?
Published 06.04.2006
Even when the tribunal makes a finding of unfair dismissal, it can still reduce the compensatory award where the employee’s conduct “justifies” it. But suppose they were dishonest during the
disciplinary hearing - does that count too?
Published 14.05.2012
An employee has won her tribunal claim for unfair dismissal simply because her former employer’s disciplinary and dismissal procedure contained two failures. What must every employer always do?
Published 06.10.2022
An employee has committed a few acts of misconduct in close succession. Individually, they only warrant a written warning. Can you add them all up and allege this is actually a matter of gross
misconduct?
Published 21.05.2014
The current statutory disciplinary and dismissal procedures (DDP) will be replaced by a new voluntary ACAS Code of Practice on April 6 2009, which aims to promote fairness. So how should you then
handle disciplinary issues?
Published 19.03.2009