Reason for dismissal—conduct
Reason for dismissal—conduct

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Reason for dismissal—conduct
  • Refusal to comply with instructions
  • Participation in industrial action
  • Breach of discipline and disciplinary rules
  • Criminal offences
  • Whether to postpone internal disciplinary proceedings pending the outcome of criminal proceedings
  • Dishonesty
  • Sexual offences: interaction of unfair dismissal with Human Rights Act 1998
  • Misconduct related to freedom of religion
  • Misconduct related to a disability
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Conduct is a potentially fair reason for dismissal. Dismissals for misconduct are probably the most frequent category of unfair dismissal claim brought before the employment tribunal.

The conduct does not have to be of any particular character. It does not have to be 'reprehensible' or even 'culpable' for it to constitute a potentially fair reason, although the extent to which the claimant is blameworthy may be relevant when considering whether or not dismissal was a fair sanction in all the circumstances and also when assessing compensation, see: Appropriateness of dismissal: general below and Practice Note: The unfair dismissal compensatory award—Contributory fault.

Dismissal for an isolated incident of misconduct will rarely be fair although, in some circumstances, the incident will be sufficiently serious to justify dismissal for a first offence. Generally, dismissal for misconduct will only be a reasonable sanction if the employee had

Popular documents