Gross Misconduct and Mitigating Circumstances in the UK, 2025
...While the misconduct itself may appear serious enough to justify dismissal, UK employment law requires employers to take into account any mitigating circumstances before making a final decision. Failing to do so could lead to claims of unfair dismissal and significant reputational or legal risk....
https://thepeoplefactor.org.uk/gross-misconduct-and-mitigating-circumstances-what-employers-need-to-know/
Do you have to excuse poor behaviour from an employee with a mental ...
...Do you have to excuse poor behaviour from an employee with a mental health problem? That was the issue the tribunal had to decide in the case of Muir v Astra Zeneca UK Ltd....
https://www.irwinmitchell.com/news-and-insights/expert-comment/post/102j5g2/do-you-have-to-excuse-poor-behaviour-from-an-employee-with-a-mental-health-proble
Taking disciplinary action and considering mitigating factors
...If you?re an employer considering disciplinary action, our highly experienced employment lawyers can help you stay compliant with employment laws and prevent costly claims....
https://www.se-solicitors.co.uk/article/102kzyu/taking-disciplinary-action-and-considering-mitigating-factors/
Employer must take into account mitigating factors when considering if ...
...The Employment Appeal Tribunal held that, even where an employee was in breach of a zero tolerance policy, an employer must take mitigating factors into account when considering whether to dismiss....
https://www.michelmores.com/employment-insight/employer-must-take-account-mitigating-factors-when-considering-gross-misconduct/
Step 1: Understanding the options - Disciplinary procedure - Acas
...Before starting a disciplinary procedure, the employer should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution....
https://www.acas.org.uk/disciplinary-procedure-step-by-step
UK Disciplinary Procedure 2026: Steps, Legal & Best Practice
...Embarking on a formal disciplinary procedure may become necessary to ensure that any unacceptable or improper behaviour at work, or poor performance matters, that cannot be resolved informally are appropriately addressed....
https://www.davidsonmorris.com/disciplinary-procedure/
If you?re treated badly after using your employment rights
...Your employer isn?t allowed to treat you unfairly because you used a protected employment right. This is called ?subjecting you to a detriment?. There are things you can do if your employer subjects you to a detriment, including claiming in the employment tribunal....
https://www.citizensadvice.org.uk/work/discrimination-at-work/dealing-with-discrimination-at-work/your-options-if-its-not-discrimination/if-youre-treated-badly-after-using-your-employment-rights/
Disciplinary procedures: 13 common mistakes made by employers - Crunch
...There are many reasons why an employer may want to dismiss an employee, and some dismissals can be fair if the employer follows their disciplinary procedure correctly. There are also dismissals, that however well-handled by the employer, will be automatically unfair (see more details here)....
https://www.crunch.co.uk/knowledge/article/disciplinary-procedures-common-mistakes-made-by-employers
Discipline and grievance at work | Factsheets | CIPD
...Learn the fundamentals of disciplinary and grievance policies and practices in the workplace. Difficulties may arise at various points in the employment relationship, and disciplinary and grievance procedures are there to ensure that these challenges are dealt with fairly and consistently....
https://www.cipd.org/uk/knowledge/factsheets/discipline-factsheet/
Dealing with Misconduct at Work - DavidsonMorris
...Given the potential damage that can result from misconduct at work, employers may be able to take disciplinary action against an employee suspected of misconduct. However, in doing so, employers must follow a fair and lawful process, as prescribed by ACAS in its guidelines on workplace discipline....
https://www.davidsonmorris.com/misconduct-at-work/