All items: General fairness of dismissal

  • Fairness of dismissal: long service a double-edged sword

    28 July 2016

    The dismissal of an experienced baker for not washing his hands was held to be fair by the employment tribunal in Donovan v Greggs plc, because he should have appreciated the seriousness of his misconduct.

  • Can an effective appeal cure all procedural flaws?

    22 July 2016

    The question before the Employment Appeal Tribunal in Khan v Stripestar Ltd, was whether or not an effective appeal could cure a wholly inadequate disciplinary hearing.

  • Misconduct: how to avoid unlawful disparity of treatment

    14 July 2016

    When can an employer impose different sanctions on employees for the same offence? An employee's seniority and experience, previous disciplinary record and attitude after the event can all play a part in the employer's decision-making process.

  • Is use of racist language always a sackable offence?

    9 June 2016

    Can there ever be circumstances in which a dismissal for the use of racist language at work is unfair? The employment tribunal in Mann v NSL Ltd gave short shrift to an unfair dismissal claim by a worker who admitted using a racist term in front of colleagues.

  • Podcast: Applying the disciplinary procedure

    22 May 2015

    In this week's podcast, we discuss the importance of the disciplinary procedure, particularly in the context of a possible dismissal.

About this category

Editor's choice: HR and legal information and guidance relating to the general fairness of a dismissal.