Unfair dismissal - misconduct

It is common for employers to dismiss employees for misconduct, either for a first instance of misconduct (in the case of gross misconduct) or after a series of warnings.

When considering dismissing an employee for misconduct, it is important for an employer to establish the following:

• That the employer had a reasonable belief that the employee was guilty of the alleged misconduct, based upon reasonable grounds and a reasonable investigation.
• That the sanction of dismissal was reasonable in the circumstances and fell within a band of reasonable responses open to an employer.

If an employer’s sanction of dismissal is unfair then an employee may be entitled to pursue a claim in the Employment Tribunal for unfair dismissal.

Linder Myers can assist employers by providing them with clear guidance and assistance through a disciplinary process involving conduct issues, including advising on the fairness of any disciplinary sanction and the preparation of all relevant letters to employees. We can assist in reducing the risks of Employment Tribunal claims. We can also assist employees in providing advice in respect of any disciplinary procedures that are invoked against them. We also regularly represent both employers and employees in Employment Tribunal cases arising out of dismissals for misconduct.