What did the employer know at the disciplinary hearing?

In Orr v Milton Keynes Council [2011] EWCA Civ 62, the employee’s misconduct was provoked by his manager. The Court of Appeal held that the employee’s dismissal was fair - even though the manager did not inform the disciplinary panel – about the mitigating circumstances for the employee’s misconduct.

Comment

The practical implications of the Orr case appear to be very limited because an employee would usually state the mitigating circumstances for their misconduct at a disciplinary hearing. Mr Orr did not attend the disciplinary hearing.