Misconduct dismissals

New and updated

• Date:

  4 March 2020

  Type:

  Employment law cases

  Unfair dismissal: Failure to disclose material fact to decision-maker

  In Uddin v London Borough of Ealing, the Employment Appeal Tribunal held that the investigating officer's failure to share a material fact with the decision-maker was relevant to the fairness of the dismissal.

• Date:

  13 February 2020

  Type:

  Employment law cases

  Internet misuse: Tribunal rules gross misconduct dismissal is fair

  In Hall v Weightmans LLP, an employment tribunal found that the employee's dismissal for excessive internet use discovered during a disciplinary investigation was fair and that the appeal procedure followed was "textbook".

• Date:

  3 January 2020

  Type:

  Employment law cases

  Unfair dismissal: Disclosing senior executive's pay was not gross misconduct

  In Jagex Ltd v McCambridge, the Employment Appeal Tribunal held that the employee had not acted in breach of contract or committed gross misconduct when he shared pay information with a colleague, after he found a document left on a printer containing the senior executive's salary.

• Date:

  16 August 2019

  Type:

  Employment law cases

  Unfair dismissal: Covertly recording meeting was not gross misconduct

  In Phoenix House Ltd v Stockman, the Employment Appeal Tribunal upheld the tribunal decision that the covert recording of a confidential meeting was not a breach of the implied term of trust and confidence. The EAT gave guidance on the factors that may justify such a recording.

• Date:

  21 May 2019

  Type:

  Employment law cases

  Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

  In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.

• Date:

  10 May 2019

  Type:

  Employment law cases

  Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

  In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.

• Date:

  4 April 2019

  Type:

  Employment law cases

  Unfair dismissal: EAT considers seriousness of fire safety breach

  In Wilko Retail Ltd v Gaskell and another, the Employment Appeal Tribunal (EAT) held that an employment tribunal applied the wrong approach when assessing the reasonableness of the employer's decision to dismiss two employees for breaching its signing in and out policy.

• Date:

  26 March 2019

  Type:

  Employment law cases

  Social media misconduct: Snapchat posts increased tiger kidnapping risk

  In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.

• Date:

  24 August 2018

  Type:

  Employment law cases

  EAT remits flawed tribunal decision that pub worker was fairly dismissed for "theft"

  In Dibble v Falzon and Falzon t/a The Anne Arms, the Employment Appeal Tribunal (EAT) found that there were fundamental flaws in a tribunal decision that a pub worker was fairly dismissed over CCTV footage of her taking money out of a bar till.

• Date:

  15 August 2018

  Type:

  Employment law cases

  Unfair dismissal: Refusal to postpone disciplinary hearing when chosen companion unavailable

  In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.