The situation
An employee lost their temper and behaved aggressively and threateningly towards a colleague in front of others. It frightened people and was serious enough to be potential gross misconduct. The owner wanted them gone immediately.
Why it was difficult
Even with behaviour this serious, a same-day dismissal usually fails at tribunal. The owner also had to protect the colleague who had been on the receiving end, and consider any mitigation, without letting the incident slide.
What Samantha did
- Suspended appropriately to protect the people involved and the investigation, not as a knee-jerk punishment
- Ran a fair, prompt investigation and gathered accounts from those present
- Heard the employee's side and any mitigation before deciding anything
- Held a proper hearing with the right to be accompanied, and decided on the evidence
The outcome
The dismissal for gross misconduct was fair, well-documented and defensible. No tribunal claim followed, and the team felt safe and confident that it had been taken seriously.
Fair dismissal for gross misconduct. No claim. Team protected.
What this means for you
Even when the behaviour is serious and obvious, the process is what makes the dismissal stick, and it protects the people you keep as much as it protects you.
Related support
Disciplinary support →Anonymised. Sector, names and identifying details have been removed or changed. Outcomes reflect the specific circumstances of each case and are not a guarantee of any particular result.