What would a tribunal consider in deciding whether a dismissal for gross misconduct was reasonable?
Again, it would consider a range of factors, including: · was the offence gross misconduct – that is, was it serious enough to destroy the contractual relationship; · whether correct procedures were used, taking into consideration the law (see question 5), and the resources and size of your company; · whether your response was within a band of responses that a reasonable employer would take; · whether you considered alternative sanctions e.g. a transfer, demotion or suspension; whether mitigating factors were taken into account, such as the past history of the employee involved, his (or her) age, position, length of service and previous warnings. For example, while it might be reasonable instantly to dismiss a relatively new employee, with reserved references, who comes in fighting drunk one Friday afternoon and tries to knock his foreman’s block off, it might not be reasonable instantly to dismiss a long-standing employee with a good record, who gets tiddly celebrating the birth of a
