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Disciplinaries and Dismissals
Employers often overlook the importance of the process to be followed when dismissing or taking other disciplinary action. A dismissal which might otherwise be fair may nevertheless be found to be unfair if a proper and fair process has not been followed.
A common example of this includes the failure to carry out a proper investigation into all the facts. Obviously, this failure can result in the wrong factual conclusion being drawn, on which a disciplinary decision is then based, even though that conclusion might have seemed reasonable at the time. Another example is the failure to give the employee a fair hearing and either rushing the process or delaying it for too long.
Even if a fair process is followed, a dismissal might be unfair either through being too harsh a punishment or being inconsistent with the way others have been treated for the same offence.
If you are contemplating some measure other than dismissal, a fair process should still be followed in order to comply with the obligation of trust and confidence towards an employee which is implied into their employment contract by the law.
Our job in the Employment Law Team is to guide you carefully through the whole process using our knowledge and experience and to assist you with your decision making in order to minimise your exposure to claims and compensation awards.
Head of Employment & Intellectual Property