UK: failure to update information provided to decision-maker renders dismissal unfair

Employers should take steps to ensure that personnel who investigate potential misconduct are aware of the need to provide accurate information to the decision-maker (and the employee) and, importantly, to update this information if necessary prior to the disciplinary decision.

In Uddin v London Borough of Ealing, the investigating officer had included in his recommendation in favour of disciplinary action the fact that a police complaint had been made about the employee's conduct, but had then failed to notify the decision-maker when the complaint was withdrawn prior to the disciplinary hearing.  The decision-maker gave evidence that she took account of the police complaint when making her decision and, had she known it was withdrawn, would have wanted to understand why.  The EAT confirmed that a failure to share a material factor with the decision-maker could be relevant to ordinary fairness and rendered the dismissal in this case unfair.