Dismissal for misconduct is fair but . . .

Making up the facts to suit the case after the dismissal will land employers in hot water

I came across a tribunal case this week which highlights why we have tried and trusted processes to resolve employment disputes. If employers genuinely identify misconduct and follow the correct process to address it, they will not be criticised, even if, sometimes, their decisions may appear harsh.

That didn’t happen in this case. In fact this case highlights how not to conduct a disciplinary procedure and how not to defend a hopeless claim in an employment tribunal.

The circumstances in the case are somewhat sad, as what was an harmonious relationship between an employer and an employee subsequently turned sour - and I mean sour!