Mitigating Factors of Gross Misconduct Issue

Posted in : How do I handle it NI on 15 January 2015
Sharon McArdle
Issues covered:

I am in the middle of a disciplinary process with an employee for a gross misconduct issue and he has asked me to look at mitigating factors. The investigation has already found that there has been a breach of policy, which falls within our definition of gross misconduct. Surely this means dismissal should be automatic? How do I handle it?

Sharon McArdle writes:

The employer should always consider any mitigating factors that are put forward by the employee in these circumstances. It is important that all three aspects of a fair dismissal are covered, when considering dismissal on grounds of conduct. These are:-

  • Ensure there is a fair reason for dismissal;
  • Ensure a fair procedure has been

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Sharon McArdle

The main content of this article was provided by Sharon McArdle. Contact telephone number is 028 9055 3300 or email

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