For the dismissal to be considered fair:
- The employer has to genuinely believe that the employee had committed the misconduct
- The employer must show that they had reasonable grounds for believing this
- When reaching that conclusion, the employer must demonstrate they have carried out a reasonable investigation
- The employer must show the dismissal falls within what is referred to as the “band of reasonable responses”.
An Employment Tribunal will consider all the circumstances of the case, including the employer’s size and resources.
The Tribunal will look to see whether the employer’s response to the misconduct fell within the “band of reasonable responses”.
If in the Tribunal’s view, no reasonable employer in the circumstances would have dismissed the employee, the dismissal will be considered unfair.
Employees with at least two years of service with you can submit a claim to an Employment Tribunal for unfair dismissal.