Unfair to stop employee responding to changed misconduct case

This decision is a timely reminder to employers of the importance of keeping employees who are the subject of disciplinary proceedings fully informed of any changes in the case against them and to allow them to make further representations. This is especially where dismissal is envisaged. While the disciplinary manager here had not acted unreasonably in taking account of the previous warning once aware of it, the fact that she failed to inform the employee of this new factor and its effect on the sanction she was considering giving in changing it from a final written warning to dismissal, was considered by the EAT to be unfair.

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