A family-run business made the classic mistake of having one person act as “judge, jury and executioner” in a disciplinary procedure against an employee accused of misconduct.
Employers are being urged to consider the circumstances leading up to alleged misconduct before dismissing, following an employee winning a case for unfair dismissal.
The Employment Appeal Tribunal (EAT) has held that an employee’s dismissal following an allegation of ‘loss of £3,000’, when the real reason was the employer’s belief that she had stolen the money, was unfair. In the EAT’s view it is a ‘fundamental right’ that an employee who is accused of dishonesty should have that allegation put to them.
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