When doing the ‘right thing’ leads to misconduct and dismissal

by | May 15, 2026 | Culture, Leadership, Operational, Uncategorized | 0 comments

A widely reported case has recently put a spotlight on a situation that comes up more often than people realise in the workplace.

What happens when an employee breaches company policy, not out of carelessness, but because they genuinely believe they are doing the right thing?

The case involved a long-serving retail employee who intervened in a shoplifting incident, despite clear instructions not to do so. What followed was a physical altercation and ultimately, dismissal.

On the surface, it is easy to have a strong reaction one way or the other. Some will see it as a clear breach of policy, others as an employee trying to step in where they felt action was needed.

From an HR perspective, it is rarely that straightforward.

When a clear rule is broken

Most businesses, particularly in retail, have very clear policies when it comes to situations like this. Not intervening in theft is not just a preference, it is a safety measure.

Where a rule is clearly communicated, understood and consistently applied, an employer is on stronger ground if that rule is broken.

In this case, reports suggest the employee was aware of the policy and had previously been told not to approach shoplifters. That matters.

But situations like this highlight something we see often. People do not always act out of disregard for rules. Sometimes they act out of frustration, instinct or a sense of responsibility, especially where they feel close to the business or have been there a long time.

That is where policy and human behaviour do not always neatly align.

The safety aspect that cannot be ignored

At the centre of this is health and safety.

Employers have a duty to protect their people and in environments where risk is increasing, policies like this are not just reasonable, they are necessary.

From an HR perspective, this is not just about having a policy in place. It is about making sure people understand why it exists.

If a rule is seen as protecting the business, it is more likely to be challenged. If it is understood as protecting the individual, it tends to land differently.

That distinction matters more than most people think.

Was dismissal a reasonable outcome?

This is where things become less clear, particularly when considering whether the outcome would be viewed as a fair dismissal in practice.

In employment law, the question is not whether dismissal was the only outcome, but whether it fell within a range of reasonable responses open to the employer.

Looking at the situation from a distance, you can see both sides.

There appears to have been a clear breach of a safety-critical rule and the situation escalated into something physical. That will understandably carry weight in any decision-making process.

At the same time, there are factors that many employers would consider carefully. Long service, previous conduct and the context in which the decision was made all play a part.

It is exactly the type of situation where two reasonable employers could come to different conclusions.

What this means in practice

Cases like this are a useful reminder that policies on their own are not enough.

If employees are regularly dealing with challenging situations, such as repeat shoplifting or a lack of visible support, they may feel compelled to step in, even when they know they should not.

That is where the gap often sits. Not in the policy itself, but in how it connects to the reality of the workplace.

For employers, the focus should not just be on enforcing rules, but on making sure people feel supported enough that they do not feel the need to go outside of them.

Final thought

There is often an assumption in HR that situations are either right or wrong, policy followed or policy breached.

In reality, many of the more difficult cases sit somewhere in the middle.

That is where judgement, context, and experience come in, because it is rarely just about what happened. It is about why it happened, and how it was handled.

These are the types of situations that often sit within disciplinary processes and can raise questions around fairness, consistency, and risk for employers.