Using evidence to rationalise your decision to uphold disciplinary allegationsPosted in : Seamus Says - Employment Law Discussion on 13 December 2017
Q. Should you summarise the evidence that's used at the disciplinary hearing to rationalise your decision to uphold the allegations or should you just say, "We've looked at all this stuff and you're dismissed."
Seamus: What I tend to do in terms of my advice is for clients is that I . . . in the dismissal letter I think it's a bit of an error just to simply say in the dismissal letter, we've considered everything you've said and you're dismissed. In the dismissal letter, you should be set like the reasons for the dismissal. I'm not meaning that you are saying and we find you're guilty of the allegation and here's the reason why. Or you could be sent referring to specific evidence itself.
I think that you've fallen into a bit of a bad habit and bad trap if you're simply writing to the employer at the end if it's saying you're dismissed. I would definitely set a note within the outcome letter the reasons and the rationalisations as to why. Certainly as to why ever arrived at such a serious decision. And also, it helps the person in terms of appeal. To give them a fair shot at appealing, they need to understand the reasons as to why you've dismissed me.
Scott: Why you've actually put them off appealing if they know the reason and the evidence you've . . . so, okay.
More on Disciplinary & Grievance
- Statutory Questionnaires - How Do I Handle It?
- If an employee is found to have committed misconduct (not gross misconduct), can an impose a sanction other than a warning or demotion?
- Sickness Absence – Policy and Procedure Tips to Manage Short Term Persistent Absences
- Can we still dismiss an employee for an act of gross misconduct which took place several months ago?
- In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?
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