Q&As

If an employee who is appealing against their summary dismissal is subject to bail conditions barring them from accessing key witnesses, should the appeal hearing proceed nonetheless or should it be adjourned even if that might mean an unjust lengthy delay?

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Published by a ³ÉÈËÓ°Òô Employment expert
Published on: 13 May 2021
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If an employee brings a claim of unfair dismissal, the burden is on the employer to prove that it had a fair reason for dismissal. One of the potentially fair reasons for dismissing an employee is conduct. However, in order to dismiss fairly, employers must also follow a fair procedure. Ultimately, it must be shown that dismissal is a fair sanction to impose.

The Acas Code of Practice on Disciplinary and Grievance Procedures places obligations on both employees and employers to comply with its provisions or face possible sanctions. It sets out the standard of reasonable behaviour expected in most instances.

For further information, see Practice Notes:

  1. •

    Dismissing fairly for conduct reasons

  2. •

    Reason for dismissal—conduct

  3. •

    Reason for dismissal—general, in particular section: Potentially fair reasons

  4. •

    Acas disciplinary and grievance code—procedural requirements

According to the Acas Code

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Jurisdiction(s):
United Kingdom
Key definition:
Summary dismissal definition
What does Summary dismissal mean?

Where an employer dismisses an employee instantly and without allowing the employee the opportunity of a formal hearing.

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