Mitigating Factors of Gross Misconduct IssuePosted in : How do I handle it NI on 15 January 2015
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.