I am in the middle of a disciplinary process with an employee for a gross misconduct issue, and he has asked me to look at mitigating factors. The investigation already found that there has been a breach of policy which falls within our definition of gross misconduct. Surely this means dismissal should be automatic? How do I handle it?

Jennifer O'Sullivan writes:

As part of the obligation to apply fair procedures in a disciplinary process, an employer must give full consideration to what would be a fair, reasonable and proportionate sanction given the specific circumstances of the disciplinary issue in question. The Employment Appeals Tribunal have been regularly critical of employers who apply blanket sanctions without considering the individual facts.