The Court of Appeal has held that an employee's failure to take action to remedy a situation was a serious dereliction of his duty that amounted to gross misconduct.
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
This tribunal case is an example of a situation dreaded by recruiters: finding out that a recruit lied on his or her CV.
In Smith v Trafford Housing Trust  IRLR 86 HC, the High Court held that an employee did not breach his employer's code of conduct by expressing his views on gay marriage on Facebook. The employer was not therefore contractually entitled to demote him. However, since the wrongful imposition of a new contract amounted in law to a wrongful dismissal, damages were limited to loss of earnings during the notice period.
Definition from the XpertHR glossary.
The High Court has upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far".
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust  IRLR 702 CA, the Court of Appeal held that breach of the express terms of a disciplinary procedure gave the employee the right to sue for damages, and that such damages were not, in principle, limited to either the notice period or the time that it would have taken for the procedure to have been conducted properly.
This case is a short and clear example of an employee whose dismissal for gross misconduct, by a very large employer, was both substantively and procedurally unfair.
The Court of Appeal has held that the decision in Johnson v Unisys Ltd  IRLR 279 HL did not preclude the claimant from recovering damages based on a breach of contractual disciplinary proceedings.
HR and legal information and guidance relating to wrongful dismissal.