The following Employment guidance note provides comprehensive and up to date legal information covering:
If an employee brings a claim of unfair dismissal, the burden is on the employer to prove that it had a fair reason for dismissal. One of the potentially fair reasons for dismissing an employee is conduct (see Practice Notes: Reason for dismissal—conduct and Reason for dismissal—general—Potentially fair reasons). However, in order to dismiss fairly, employers must also follow a fair procedure which allows employees sufficient opportunity to improve. Ultimately it must be shown that dismissal is a fair sanction to impose.
For details of the aims of conduct management, how to investigate, potential reasons for misconduct and disciplinary procedures, see Practice Note: Managing conduct.
An important factor in how an employee who has committed an act of misconduct is dealt with will be whether he qualifies to bring a claim of unfair dismissal. The principal determinant of this is length of service; those starting employment on or after 6 April 2012 need two years of continuous employment, and those whose employment commenced before that date need one year. For further information, see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal.
An employer could dismiss an employee for misconduct without going through any particular procedure if:
the employee does not qualify for protection from unfair dismissal, and
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