In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?Posted in : First Tuesday Q&A NI on 4 May 2021 Issues covered: Discipline and Grievance; Gross Misconduct; Dismissal
The relevant factors to consider when deciding whether to dismiss will often depend on the specific facts of the case but, in general terms, employers should usually consider the relevant background to the offence, including previous warnings given to the employee or similar incidents. Length of service may also be a relevant consideration when deciding whether dismissal is the appropriate sanction.
To establish fairness, an employer should generally be able to show that it considered mitigating factors, such as whether the employee showed remorse or was acting under extreme stress, or the employee's long service and previously unblemished record.
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