Originally published May 2010
In this case the employer had implemented their 'Fair Blame Policy' against an employee.
The policy was designed to deal with 'fairly low level breaches of conduct or performance standards' which 'do not constitute potentially serious or gross offences'. The most serious sanction which could be imposed under the policy was a written warning. It transpired, in the case in question, that the employee's alleged misconduct was more serious than originally thought and was, in fact, so serious that he was dismissed.
The Court of Appeal stated that the original employment tribunal could correctly rule that it was unreasonable of the employer not to follow its own procedures. It was not reasonable to dismiss the employee in accordance with a process which was designed to address relatively minor disciplinary matters. The law required the employer to act within a 'range of reasonable responses' when considering the employee's disciplinary position; it had failed in this case.
Point to Note –
- Employers should have disciplinary procedures in place, not least so that they comply with the relevant Acas Code. They must also ensure that such procedures are operated fairly or they will fall foul of the Employment Rights Act.
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