Can someone who has been dismissed for conduct make a claim for unfair dismissal?

摘要

In order to answer that we need to answer a number of basic questions relating to how the employer conducted the disciplinary process. The questions relate to the way employment tribunals assess the fairness of dismissals. Certain principles relating to the fairness will need to be addressed by the employer. Firstly, did the employer carry out a proper investigation of the alleged misconduct? This will involve gathering evidence which supports the allegations, but equally the employer must not ignore evidence which does not. The employer does not have to carry out an investigation to the level we would expect the police to, but it should be as thorough as possible given the employer's resources.