Gross Misconduct still needs to be a fair dismissal procedure


This even applies where criminal proceedings are commenced.

Author: Dennis Chapman
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This article is 11 years old.

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It is important to realise that even when an employee commits an act of gross misconduct eg fighting, theft, fraud, serious infringement of health and safety rules etc, it is important to still follow a procedure including a dismissal hearing. 

This even applies where criminal proceedings are commenced.

The stages to follow are:

 – Investigate and take witness statements

– Invite the employee to a dismissal hearing with the offer of a colleague to accompany

– Advise the employee of the issue and what the case and evidence is.

– Have the hearing

– Notify the employee of the decision after the hearing and allow an appeal hearing.

Where an employee is charged with a criminal offence it is not necessary to await the outcome of the police investigation to dismiss.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

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