ET3 grounds for resisting unfair dismissal claim — conduct
Published by a LexisNexis Employment expert
Last updated on 27/02/2020

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

  • ET3 grounds for resisting unfair dismissal claim — conduct

ET3 grounds for resisting unfair dismissal claim — conduct

[Insert in para 6.1 of response form ET3:]

    1. 1

      It was an express term of the Claimant's employment as [a storeman] that the theft of supplies would result in instant dismissal.

    1. 2

      On [insert date], the Claimant was suspected by the [Stores Manager] of having stolen a box of electrical equipment from the storeroom.

    1. 3

      The Claimant was immediately suspended on full pay whilst a full investigation was carried out into the alleged theft [specify steps taken]. That investigation confirmed the Store Manager's suspicion.

    1. 4

      On [insert date] the Claimant was interviewed by the Store Manager in the presence of his union representative. He denied any responsibility for the missing goods.

    1. 5

      On [insert date] a formal disciplinary hearing was held by the [General Manager] in accordance with the Respondent's disciplinary procedure. At the hearing, the Claimant was represented by his union representative, and was given every opportunity to present his case.

    1. 6

      The [General Manager] was satisfied on the evidence that the Claimant had stolen the goods, and he summarily dismissed him for gross

Related documents:
Key definition:
Unfair Dismissal definition
What does Unfair Dismissal mean?

Employees with two years’ service have the right not to be unfairly dismissed. Dismissal of such employees will only be fair if the reason was capability, conduct, redundancy, breach of statute or ‘some other substantial reason’, and the employer acted reasonably in treating that reason as sufficient to dismiss.

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