Back in May a decision of the Employment Appeal Tribunal (EAT) Employers confirmed that employers should still investigate an allegation of misconduct, even if an employee admits gross misconduct, before summarily dismissing them. In the case, Compass Group -v- Okoro, the employee had asked if she could have an iPod, as a “corporate gift”, but this was refused. Despite this she took it and, when quizzed, said she knew where it was and who had taken it, but omitted to admit it was her. A couple of weeks later she returned it. She admitted taking it but said it was a joke. She was suspended on full pay, and then at a disciplinary meeting summarily dismissed for gross misconduct. There had been no investigation. The EAT decided that there should have been an investigation. The employee had argued that her relationship with her manager was characterised by jokes and pranks. This put a different complexion on the incident, and meant her dismissal was unfair.
