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Unfair dismissal – misconduct

Extensive experience of acting for employers in Employment Tribunal cases arising out of dismissals for misconduct has enabled us to more effectively resolve these complex claims.

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. If such a dismissal is unfair then an employee may be entitled to pursue a claim for unfair dismissal in the Employment Tribunal.

We can provide employers 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 also assist in reducing the risks of Employment Tribunal claims.

Important considerations

Offering expert guidance from the outset and throughout the proceedings, we ensure that proper consideration is given to matters that will have a material effect on the outcome. 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 disciplinary procedure or sanction was reasonable in the circumstances and fell within a band of reasonable responses open to an employer.
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