Lauren McLaughlin and Victoria Simon recently assisted an employee in appealing a gross misconduct dismissal, which was upheld and resulted in their employment being re-instated with immediate effect.
An allegation had been made about the employee’s conduct at work, which the employee denied and believed there had been a misunderstanding. The employee was suspended with pay whilst an investigation into the allegation took place. At the conclusion of the investigation and disciplinary process, the employer decided that the employee would be dismissed. At first glance, the employer appeared to follow a fair process when investigating the allegation. However, Curzon Green assisted the employee prepare robust grounds of appeal challenging the severity of the sanction and highlighting inconsistencies with how other employees had been treated.
After considering the appeal grounds, the employer agreed to overturn its gross misconduct decision. It decided to reinstate the employee’s employment and to pay full pay for the period since the (unfair) dismissal. Curzon Green were pleased to assist the employee during what was a very uncertain and stressful time in their life, and were thrilled that our client achieved their desired outcome swiftly. Re-instatement is not often offered, particularly in alleged gross misconduct situations. Timely legal advice in this case helped maintain the employee’s reputation and achieve a fair outcome.