Mitigation arguments

A reasonable employer must take account of all the surrounding circumstances when deciding whether or not to dismiss, including factors personal to the employee in question. This includes considering a less severe sanction, such as a warning, or training. Below are some potential “mitigation” arguments and factors for reps to consider when representing a member accused of social media misuse:

• how the employee reacted when the social media misuse was discovered; for example whether they apologised unreservedly, took down offending material quickly and cooperated;

• length of service, past performance and clean disciplinary record;

• treatment of others in the past – whether there is any suggestion that this member has been picked on for other reasons, for example trade union duties or activities; and

• any mitigating factors such as stress, illness or family pressures.