25 Nov Security Guard Re-instated

The EAT determined that a security guard with an excellent employment record who had been dismissed for one inappropriate incident had been dismissed unfairly and should be re-instated and the sanction of dismissal was disproportionate.

In Case No UD998/2014, it was held that whilst the employee had used inappropriate and threatening language to a colleague the decision to dismiss was totally disproportionate as the employee had been employed since 2005 with a clean employment record and had been dismissed on foot of one isolated incident that was out of character for him. The EAT ordered that the employee be reinstated.

Once again employers are reminded of the need to apply sanctions that are relevant and proportionate to the circumstances of each case and that dismissal is a last resort sanction that should only be used for a first offence where there is a serious gross misconduct issue or where previous stages of the disciplinary procedure have been applied and dismissal is the only option now available.