Employers may not need to follow a disciplinary procedure when dismissing for breakdown in relationships caused by the employee's conduct.
Where an employer's real reason for a dismissal is an irretrievable breakdown in working relationships, and not the employee's misconduct in causing the breakdown, this will be a dismissal for "some other substantial reason" rather than misconduct. The employer is therefore not required to abide by its disciplinary procedure (which in this case was contractual). (Ezsias v North Glamorgan NHS Trust, EAT)
Employers in similar situations should carefully analyse what their real reason for dismissal is and follow a procedure appropriate to that.
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