The EAT has clarified the circumstances in which an employee can fairly be dismissed for gross misconduct.
Cerys Williams and Nick Wilcox discuss the steps firms should take to prepare for the extension of the Senior Managers and Certification Regime.
In some cases, an employer can take into account an employee’s history of expired written warnings in deciding to dismiss them.
A higher standard of disciplinary investigation is necessary to ensure a fair dismissal where the misconduct alleged is very serious.
An employer should be wary of relying upon previous unfair disciplinary sanctions to justify a subsequent dismissal.