
Performance or Misconduct? The Cost of Getting it Wrong
An Employment Tribunal has awarded more than £12,000 to an employee after finding that her dismissal for alleged gross misconduct was unfair. This case highlights the importance of clear investigations, categorisation of conduct issues and up-to-date medical evidence when managing performance issues concerning disabled employees. Background The claimant, a customer reception officer for Menzies World Cargo, was diagnosed with neurofibromatosis, a long-term health condition, which meant that she was ‘disabled’ under the Equality Act 2010. She was dismissed in September













