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On this week's XpertHR Weekly, we discuss misconduct dismissals and the process that employers should follow.
In Way v Spectrum Property Care Ltd  IRLR 657 CA, the Court of Appeal held that an employer cannot rely on a warning on an employee's file that was given in bad faith, alongside later misconduct, when deciding that there is sufficient reason to dismiss. To do so would be outside the range of reasonable responses, and not in accordance with equity and the substantial merits of the case.
A model letter offering redeployment to an employee following a performance dismissal hearing.
Model letter dismissing an employee who has refused to be redeployed following a performance dismissal hearing
A model letter dismissing an employee following a performance dismissal hearing.
A model letter inviting an employee to attend a performance dismissal appeal hearing.
A model letter informing an employee of the outcome of a performance dismissal appeal hearing.
Line manager briefing looking at misconduct, including the meaning of misconduct, the necessary communication skills for a disciplinary interview and the use of warnings.
HR and legal information and guidance relating to dismissal as a disciplinary penalty.