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Misconduct dismissals

New and updated

  • Unfair dismissal

    Type:
    Employment law manual

    Updated to reflect the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2020.

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

    Date:
    4 March 2020
    Type:
    Law reports

    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.

  • Internet misuse: Tribunal rules gross misconduct dismissal is fair

    Date:
    13 February 2020
    Type:
    Law reports

    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".

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

    Date:
    3 January 2020
    Type:
    Law reports

    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.

  • Unfair dismissal: Covertly recording meeting was not gross misconduct

    Date:
    16 August 2019
    Type:
    Law reports

    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.

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

    Date:
    21 May 2019
    Type:
    Law reports

    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.

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

    Date:
    10 May 2019
    Type:
    Law reports

    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.

  • Unfair dismissal: EAT considers seriousness of fire safety breach

    Date:
    4 April 2019
    Type:
    Law reports

    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.

  • Social media misconduct: Snapchat posts increased tiger kidnapping risk

    Date:
    26 March 2019
    Type:
    Law reports

    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.

  • Raheem Sterling case: What actions can employers take for incidents outside work?

    Date:
    17 December 2018
    Type:
    Commentary and analysis

    Chelsea supporter Colin Wing recently lost his job in connection to alleged racist abuse he made against Manchester City player Raheem Sterling. What legal routes are available to employers who have to deal with misconduct by staff outside work? Harry Abrams from Seddons explains.