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Misconduct: Dismissal for making unauthorised personal phone calls from work was unfair

This report relates to 1 case(s)

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    John Lewis plc v Coyne [2001] IRLR 139 EAT (0 other reports)

The dismissal of an employee for breaking her employer's rule against using its telephones to make personal calls was unfair because the employer failed to investigate how serious the employee's admitted misconduct was, holds the EAT in John Lewis plc v Coyne [2001] IRLR 139. It was not necessarily obvious that the employee's misconduct was, as the employer considered it to be, "dishonest". Much might depend upon the circumstances of the particular case. In any event, dishonesty did not inevitably lead to dismissal according to the employer's disciplinary code.