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 followed (including compliance