The decision

The decision should be taken based only on allegations and evidence that have been put clearly to the member in advance of the meeting and on which they have been given the opportunity to put their side of the story. Otherwise, any dismissal is likely to be unfair.

The decision must be that of the decision-maker only, without improper influence, for example, from HR (Rampthal v Department of Transport [2015] UKEAT/0352/14/DA) or from senior managers outside the proper decision-making process (Commissioner of Police of the Metropolis v Denby [2017] UKEAT/0314/16/RN).