Mitigating factors in disciplinary procedures

Posted in : How Do I Handle It ROI on 21 October 2014
Jennifer O'Sullivan
Ronan Daly Jermyn
Issues covered:

I am in the middle of a disciplinary process with an employee for a gross misconduct issue, and he has asked me to look at mitigating factors. The investigation already found that there has been a breach of policy which falls within our definition of gross misconduct. Surely this means dismissal should be automatic? How do I handle it?

Jennifer O'Sullivan writes:

As part of the obligation to apply fair procedures in a disciplinary process, an employer must give full consideration to what would be a fair, reasonable and proportionate sanction given the specific circumstances of the disciplinary issue in question. The Employment Appeals Tribunal have been regularly critical of employers who

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jennifer O'Sullivan
Ronan Daly Jermyn

The main content of this article was provided by Jennifer O'Sullivan. Contact telephone number is +353 21 480 2700  or email

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