Topics

Misconduct dismissals

New and updated

  • 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

    Type:
    Employment law manual

    Updated to include information on Awan v ICTS UK Ltd, in which the EAT considered the dismissal of an employee entitled to disability benefits.

  • 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.

  • Date:
    17 December 2018
    Type:
    Legal guidance

    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.

  • Ryanair sacks stranded cabin crew for 'breach of trust'

    Date:
    8 November 2018
    Type:
    News

    Six Ryanair cabin crew were dismissed by the airline this week for "breach of trust" after a photograph was circulated on social media showing the employees apparently asleep on the floor at an airport crew room.

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

    Date:
    24 August 2018
    Type:
    Law reports

    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.

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

    Date:
    15 August 2018
    Type:
    Law reports

    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.