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
Chris Fullerton
Arthur Cox NI
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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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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