Updated to reflect the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2020.
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.
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".
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.
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.
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.
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.
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.
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.
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.
HR and legal information and guidance relating to misconduct dismissals.