In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer. Once attempts at mediation broke down it remained open to the employer to continue the formal disciplinary procedure and to treat the misconduct as grounds for dismissal. Under the new ACAS Code of Conduct, which replaced the Statutory Dismissal and Disciplinary Procedures in April this year, employers are encouraged to mediate in suitable circumstances. Employers will be relieved to know that their options for dealing with the matter will not be narrowed purely as a result of electing to mediate. Where mediation is attempted but breaks down, employers can still pursue the matter under their disciplinary procedures. In order to prevent disputes and misunderstandings, employers are advised to include, as an express term in their disciplinary policy, a provision that matters of misconduct may be progressed through the disciplinary procedure if attempts at mediation fail.