Disciplinary Investigations

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It is well established that serious allegations of dishonesty against an employee require careful investigation by an employer.  In light of this, in the case of Stuart v London City Airport, the Employment Appeal Tribunal found that a failure by the company to carry out investigations, which could potentially have supported the employee’s account of allegations of dishonesty, was unreasonable.  It is not within the range of reasonable responses for an employer to refuse to undertake further investigations which may support an account of an employee accused of gross misconduct.  Only if there is a good reason should an employer not carry out further investigations. This case is consistent with previous cases and highlights the fact that the reasonable responses test is still very much at the forefront of establishing if a dismissal is procedurally and substantively fair.

For more information, help or advice please contact Tim Davies on 0191 211 7927 or email [email protected].