This recent cases highlights the importance of following the ACAS code of conduct when dealing with disciplinary matters correctly, before pressing the send button to dismiss an employee.
The employee was dismissed for gross misconduct for emailing a colleague referring to another unnamed colleague a “knob” and “knob-head”. Her first disciplinary hearing was postponed when she was ill but her employer refused to postpone the re-arranged one when her union representative was unable to attend. The tribunal rendered the dismissal “unfair procedurally and fatally flawed”. The employee was awarded more than £20,000 although this was reduced by 15% due to her contributory conduct.
www.gov.uk/employment-appeal-tribunal-decisions/talon-engineering-ltd-v-mrs-v-smith-ukeat-0236-17-ba
If you wish to discuss this further, contact us