Gross misconduct – is dismissal always fair?

This decision emphasises the fact that employers must look, not just at the seriousness of the acts which constitute gross misconduct but also other factors which may militate against automatically dismissing just because gross misconduct is found. Alternative sanctions such as a final written warning should also be considered before dismissal is decided upon, as this should always be a last resort.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.