Misconduct: Dismissal for lewd Christmas party act was unfair

An industrial tribunal was entitled to conclude that an employer acted unreasonably in dismissing two employees for giving a "lewd" performance at an office Christmas party, holds the EAT in Dixons Stores Group Ltd v Dwan and O'Byrne. This was because the company had an "established history" of similar performances of this nature, and it had failed to tell employees there had been a change in its ethos, and that such behaviour would no longer be tolerated.