What would a tribunal consider in deciding whether a dismissal for gross misconduct was fair?
A range of factors, including for instance: • did you have a genuine belief in the employee’s guilt • was it reasonable to hold this belief from your investigation • how thoroughly did you investigate the alleged offence • was the employee given all of the information that had been gathered as part of the investigation • did you give the employee an opportunity to state his (or her) case • were they entitled to be accompanied by a work colleague or trade union representative • did you hold a disciplinary hearing, chaired by someone who was impartial • did you warn the employee they were to attend a disciplinary hearing • did you give them time to prepare for the disciplinary hearing • was the offence gross misconduct, as set out in your disciplinary procedures, and was the employee aware of the penalty that could be imposed as a result of that misconduct • were there mitigating circumstances or other facts that should have been taken into account, eg health or domestic problems, provoc
