I was acting in the capacity of advisor to a dismissal appeal panel.
After hearing the employee’s case I used my judgement skills and Employment Tribunal experience to conclude that the Summary Dismissal for Gross Misconduct was too harsh and that the actions of the staff member which led to this sanction were likely to have been caused by a significant health condition. Unfortunately, once the formal disciplinary procedure had been instigated, there had been no investigation regarding this significant mitigating factor. I therefore advised the panel of the risks of upholding the dismissal, both in terms of litigation and ethically.
It was decided to overturn the decision and to reinstate the employee, managing their condition under Capability processes.
I managed the practical side of this outcome in terms of getting the particularly vulnerable employee back to work. I also made recommendations for measures to support the individual with their disability going forward, enabling them to remain in the workplace. I also advised that management underwent awareness training to avoid similar issues escalating in such a way again. Whilst ensuring adequate discretion and confidentiality concerning the employee’s personal details, I was pleased to see that this case influenced a wider conversation around equality in the workplace.
Skills
- Discipline
- Appeal
- Decision making
- Judgement
- Creative thinking
- Learning & development
- Influencing
- Employment
- Tribunal experience
- Managing disability
- Discretion
I was acting in the capacity of advisor to a dismissal appeal panel.
After hearing the employee’s case I used my judgement skills and Employment Tribunal experience to conclude that the Summary Dismissal for Gross Misconduct was too harsh and that the actions of the staff member which led to this sanction were likely to have been caused by a significant health condition. Unfortunately, once the formal disciplinary procedure had been instigated, there had been no investigation regarding this significant mitigating factor. I therefore advised the panel of the risks of upholding the dismissal, both in terms of litigation and ethically.
It was decided to overturn the decision and to reinstate the employee, managing their condition under Capability processes.
I managed the practical side of this outcome in terms of getting the particularly vulnerable employee back to work. I also made recommendations for measures to support the individual with their disability going forward, enabling them to remain in the workplace. I also advised that management underwent awareness training to avoid similar issues escalating in such a way again. Whilst ensuring adequate discretion and confidentiality concerning the employee’s personal details, I was pleased to see that this case influenced a wider conversation around equality in the workplace.
Skills
- Discipline
- Appeal
- Decision making
- Judgement
- Creative thinking
- Learning & development
- Influencing
- Employment
- Tribunal experience
- Managing disability
- Discretion