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All circumstances considered

It is often the case that Companies and HR Staff will be faced with disciplinary meetings comprising of a multitude of issues to be determined or which have resulted in the need to call a disciplinary meeting.

The common law tests considered by Employment Tribunals are relatively ingrained, particularly in relation to misconduct dismissals. However, when there are a number of different instances of misconduct then it is ever more important for employers to be clear on the reasons for having arrived at the outcome when confirming the same in writing to the employee.

This has been emphasised in the recent case of Robinson –v- Combat Stress, which went before the Employment Appeal Tribunal to consider the point on the correct approach for Tribunals to consider when determining the fairness of a dismissal where there are a number of reasons for the dismissal.

The result of this case is that Employers will be well advised to look at all the reasons leading to the disciplinary meeting/dismissal and consider each separately and collectively if he is to successfully defend any claim for unfair dismissal.

We at Josiah Hincks are experienced in assisting both Employees and Employers with their employment disputes. Should you wish to discuss any of your employment related queries, please do hesitate to contact one of our Employment Team who will be more than happy to advise you.