In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.
Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.
This first-instance tribunal decision shows that a series of incidents in which an employee is warned for verbally abusing colleagues can combine to lead to a fair dismissal, even if taken individually the incidents do not justify dismissal.
The dismissal of an immigration officer for taking a bribe was held to be fair by the employment tribunal. The employer was entitled to conclude that the honesty and integrity of the employee, who performed an important public function, was in doubt because she did not immediately report the bribe.
This tribunal decision concerns a long-serving employee who was dismissed for persistent lateness following an accumulation of warnings.
In The British Waterways Board (t/a Scottish Canals) v Smith EAT/0004/15, the EAT allowed an appeal against a tribunal's finding that the dismissal of an employee for posting offensive Facebook comments about colleagues and about drinking while on standby was unfair. The tribunal had substituted its own view of the seriousness of the conduct for that of the employer.
In Biggin Hill Airport Ltd v Derwich EAT/0043/15, the EAT remitted an unfair dismissal case for consideration of whether or not an internal appeal had cured all or any of the defects earlier in the disciplinary proceedings.
In Adeshina v St George's University Hospitals NHS Foundation Trust  IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.
In a reminder for employers of the dangers of Christmas parties, the employment tribunal in this case held that two zookeepers who got into a fight at London Zoo's Christmas party should have received the same disciplinary sanction.
HR and legal information and guidance relating to misconduct dismissals.