Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?

Posted in : First Tuesday Q&A NI on 4 May 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Discipline and Grievance; Gross Misconduct; Dismissal

Employers should be mindful of their obligation to consider all the circumstances and other options to dismissal (such as final warning or demotion, where the contract allows for this), as a tribunal can still find that dismissal was outside the band of reasonable responses, even where there has been a finding of gross misconduct.

In Brito-Babapulle v Ealing Hospital NHS Trust [2014] EWCA Civ 1626, the EAT held that a tribunal had erred when it held that dismissal would always fall within the range of reasonable responses in cases of gross misconduct. Although dismissal may be "almost inevitable" once there has been a finding of gross misconduct, the EAT held that there may be mitigating

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Back to Q&A's This article is correct at 04/05/2021

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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