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Reasonableness of a decision to dismiss for misconduct: Episode 26

Unfair Dismissal

What are the considerations for a fair conduct dismissal?

In this episode of the podcast I tell you about a recent case decided by the Court of Appeal where an employee who was dismissed, for a breach of the employers new Health and Safety rules after 35 years employment, claimed that it was not fair and reasonable to dismiss him for the misconduct. The employee admitted what he had done but claimed that dismissal was not a reasonable sanction. The case is Newbound v Thames Water Utilities Limited.

In this episode you will learn

  • What an Employer should consider before dismissing an employee
  • The test that an Employment Tribunal will apply in a case for unfair dismissal
  • Why you should ensure that you apply consistent sanctions to employees with similar misconduct allegations
  • Steps you can take to reduce the risk of a claim for unfair dismissal
  • When you should seek advice for your business

HR Best Practice Tip

The HR tip of the week is about getting the legal status with workers, self-employed persons and employees correct at the outset. Including why you need to analyse the full relationship to establish employment status.

It is important that you have a relevant agreement in place with your staff to deal with any problems should things go wrong in the future.

Podcast references

To read the full Employment Appeal Tribunal judgement in the case of click here

New Media Europe Conference – 12th – 13th September 2015 at The Midland Hotel, Manchester – If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.

(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)

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HR Harbour – A complete solution for Employers

If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.

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Would you liAdvice neededke advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.




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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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