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Gross Misconduct

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  • Gross Misconduct

    Good evening. I am new to this forum having come across it whilst looking for some advice for a friend.

    I am looking for advice as to whether an employer is able to/would be advised to take into account an employee’s previously unblemished career with them (33 years in total but with a short break so latterly 6 years) when considering an issue of gross misconduct?

    The incident involves the employee regrettably making a general racist joke/comment to a colleague. It was not directed at that colleague but followed a discussion about a specific person, though the comment was not specifically about that person.

    The employee has now been dismissed two weeks before they were due to be made redundant due to the business closing, so they have lost their job, their redundancy and their reference.

    We are looking to appeal and I am just wondering if a case for appeal would be previous exemplary conduct. The person was very highly regarded by the management of the company
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  • #2
    It sounds like, from what you have said that the actual occurance of the incident is not denied and i presume that they followed either the company disciplinary process as set out in any policy document or if they do not have one then the ACAS Code of Practice on disciplinary and grievance.

    Therefore the appeal could only be on the basis of severity of the disciplinary action taken and whether in coming to this decision the company took into account as you say the "previous exemplary conduct".
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