The Importance of Proportionate Decision Making

Recent Case Law on Deciding on Appropriate Sanctions for Employees

Two recent cases have highlighted the importance of fair procedures and proportionality in dealing with employee discipline, particularly in making the decision as to whether to dismiss an employee. They also highlight how other considerations may come into play in this regard, for example issues around health and safety.

In this regard, we are often asked by employers if it is possible to dismiss an employee for a first offence when the offence is contrary to company policy. This often arises in circumstances where the employee admits the wrongdoing.

Meade v Adelphi Carlton Limited T/A Cineworld Cinemas

In this case, the