cedures agreements and other alternative methods of resolving disputes about employment rights. to provide for the adjustment of awards of compensation for unfair dismissal in cases where no use is made of internal procedures for appealing against dismissal. to make provision about cases involving both unfair dismissal and disability discrimination. and for connected purposes,” (Crown Copyright. 1998).
In Emily Worth’s case, a meeting was set on 17 July 2006, of which Worth was informed about in July 16, 2006. She was later handed a letter hours prior to the meeting signed by Head Teacher Pat Butcher alleging charges against Emily of “Abandoning your class, swearing and using abusive language, [and] ”refusal to co-operate with the legitimate management decisions of the Head Teacher and behaving in an unreasonable and unprofessional manner.” The letter also stated that the alleged offences were if proven would amount to gross misconduct.
In fact, gross misconduct which may merit instant dismissal requires acts such as failure to comply with reasonable and lawful instructions, theft, sale or consumption of alcohol, physical assault, breach of duty of confidentiality, sexual or racial harassment, fighting, and willful damage to an employers property, or attending work under the influence of prohibited drugs. The mentioned acts may not be exclusive but it has always been lawful that a proper investigation must be conducted of which the employees may also appeal.
Emily’s case will have to be evaluated based on applicable law, rules and regulations and jurisprudence. In this matter, the disciplinary hearing has to prove that due process has been undertaken prior to dismissal of Emily Worth.