Baker Gets Into A Jam With Investigation Into Gross Misconduct

The recent case of Carmelli Bakeries Ltd v Benali [2013] highlights the importance of conducting a thorough disciplinary process even in a seemingly open-and-shut case, where previous discrimination allegations have been made.  The Employment Appeal Tribunal upheld the employment tribunal's decision that an employee had been unfairly dismissed and victimised by his employer, despite all parties acknowledging that he had committed an act of gross misconduct.

The Claimant, Mr Benali, was employed as a pastry chef for a family-owned business, which was licensed to sell kosher food.  All employees were aware of the requirements of the kosher licence and how valuable this was to the bakery.