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this employment law video is on disciplinary action unfair dismissal generally employees who have at least two years continuous service with the employer are able to bring unfair dismissal claims in misconduct cases the dismissal will only be fair if the employer believed that the employee was guilty of the misconduct had reasonable grounds for that belief and carried out a reasonable investigation the employers decision to dismiss must also fall within the reasonable band of responses open to an employer in performance cases the fairness of the dismissal will depend on whether the employee had an opportunity to improve their performance and was given appropriate corrective action the acas code employers need to be aware of aces thats the advisory conciliation and arbitration services code of practice on disciplinary and grievance procedures employment tribunals must take the code of practice into account in determining whether an employer acted reasonably or not also if an employee