As of 1 January 2027, employees who have worked for their employer for more than six months are entitled to the protections offered by the law of unfair dismissal. This means that, for an employer to fairly dismiss an employee with more than six months’ service, the dismissal must be justified with one of five permitted reasons.
This week will consider the second of these reasons – an employee’s conduct.
This category covers a broad range of behaviour, but usually requires misconduct to occur within the course of employment. Misconduct may be minor or significant, ranging from poor time-keeping (on a series of occasions) to dishonesty, sexual harassment or absence without permission. What is important is that the employer makes clear to the employee what kind of behaviour will not be tolerated.
As an employer, you should have a set of rules and procedures that ensure a fair investigation takes place into an employee’s poor conduct, and that reasonable sanctions are in place. It is important to remember that gross misconduct may still be deemed unfair.
If you wish to rely on misconduct to justify a dismissal, as yourself: were you aware of the conduct at the time of the dismissal?
The court’s overall consideration is whether an employer acted reasonably in the circumstances by dismissing the employee. It is therefore essential that any dismissal process is accurately documented, as well as the employee’s alleged misconduct leading up to the dismissal. This may also affect the level of compensation the employee receives.
At Mewies Solicitors, we can advise you on whether an employee’s behaviour may satisfy the fair reason of ‘misconduct’, in a proposed or active claim of unfair dismissal.
Contact our Dispute Resolution team on 01756 799000 or email [email protected] for further advice.