>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?
The relevant factors to consider when deciding whether to dismiss will often depend on the specific facts of the case but, in general terms, employers should usually consider the relevant background to the offence, including previous warnings given to the employee or similar incidents. Length of service may also be a relevant consideration when deciding whether dismissal is the appropriate sanction.
To establish fairness, an employer should generally be able to show that it considered mitigating factors, such as whether the employee showed remorse or was acting under extreme stress, or the employee's long service and previously unblemished record.
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