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Misconduct: Tribunal ignored Code of Practice in finding dismissal for first offence fair

This report relates to 1 case(s)

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    Lock v Cardiff Railway Company Ltd [1998] IRLR 358 EAT (0 other reports)

An employment tribunal was perverse to rule that an employer's decision to dismiss an employee for a one-off incident of misconduct arising out of an error of judgment was within the band of reasonable responses, holds the EAT in Lock v Cardiff Railway Co Ltd [1998] IRLR 358. The tribunal failed to have regard to the ACAS Code of Practice on disciplinary practice and procedures, and consequently took no account of the fact that the employer had failed to meet the Code's requirements that employees should be given clear indication of the types of conduct that may warrant summary dismissal, and that employees should not be dismissed for a first breach of discipline unless that conduct amounts to gross misconduct.

Mr Lock was employed by Cardiff Railway Co Ltd as a train conductor.