Can we still dismiss an employee for an act of gross misconduct which took place several months ago?Posted in : First Tuesday Q&A NI on 4 May 2021
If you were aware of the alleged act of misconduct at the time and did not initiate an investigation process, this could have potential implications in relation to the fairness of any subsequent dismissal. In order for a dismissal to be fair, it should not only be for one of the potentially fair reasons (of which misconduct is one), but you must also have acted reasonably in treating that reason as sufficient to justify dismissing the employee. Under the LRA Code of Practice on disciplinary and grievance procedures, a meeting should be held with the employee "without reasonable delay".
Further information would be required as to the circumstances of any delay in this particular case but, in
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
More on Disciplinary & Grievance
- Sickness Absence – Policy and Procedure Tips to Manage Short Term Persistent Absences
- In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?
- Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?
- What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?
- How much detail of allegations are we required to give an employee in advance of an investigative meeting?
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.