In this case, the employment tribunal held that an employer placed too much emphasis on an employee's "flippant" and "sarcastic" attitude during a disciplinary hearing and failed properly to consider the flaws in the evidence against him.
Employers faced with an employee who has been convicted of a criminal offence outside work must look at all the circumstances and still follow their usual disciplinary procedure before making a decision to dismiss, as this tribunal judgment shows.
A model unauthorised absence policy, which deals with action on first day of absence, action on second day of absence, further action after second day of absence, disciplinary action and unauthorised annual leave.
Practical guidance on dealing with the situation when an employee fails to attend a meeting under a disciplinary process, including the Acas code of practice; non-attendance due to sickness absence; unavailability of the companion; and rearranging the meeting.