Overview

There have been some noteworthy Court of Appeal and Employment Appeal Tribunal cases within the last few months which employers should bear in mind when carrying out disciplinary procedures.

Three cases in particular provide helpful guidance on when an employer can fairly dismiss for certain kinds of behaviour (specifically gross misconduct involving serious allegations of abuse, grievances brought in bad faith, and employees interfering in matters beyond their remit). The cases also provide useful feedback on the fairness of the dismissal procedures followed by the employers in the various circumstances.

Employers should take the following key messages from these cases:

• When carrying out investigations into allegations of gross misconduct, it is important not to attach weight to one person’s account over another without real justification

• In exceptional circumstances, it is possible to fairly dismiss an employee on the basis that he/she has brought a grievance in bad faith

• It can be appropriate for an employer to take into account a previous similar incident for which no warning has been given when taking a decision to dismiss

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