Topics

Misconduct dismissals

New and updated

  • Date:
    1 May 2017
    Type:
    Employment law cases

    Case round-up

    Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.

  • Date:
    20 April 2017
    Type:
    Employment law cases

    Unfair dismissal: decision-maker decides how conduct is ultimately categorised

    The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.

  • Date:
    1 April 2017
    Type:
    Employment law cases

    Case round-up

    Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.

  • Date:
    13 January 2017
    Type:
    Employment law cases

    Failure to consider surrounding circumstances made dismissal for physical violence unfair

    The Employment Appeal Tribunal (EAT) has held that the dismissal of an employee for physical violence was unfair because the employer failed to have regard to all the surrounding circumstances and the employee's exemplary disciplinary record over 42 years' service.

  • Date:
    10 January 2017
    Type:
    Employment law cases

    Social media: employee fairly dismissed for historic tweets

    This tribunal decision concerns a long-serving employee who was dismissed for making derogatory comments about his colleagues and his employer that he had posted on Twitter up to three years previously.

  • Date:
    9 January 2017
    Type:
    Employment law cases

    Dismissal for showing 18-rated film to pupils was discrimination arising from disability

    The Employment Appeal Tribunal (EAT) has held that the dismissal of a teacher for showing an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to unfavourable treatment arising from his disability and was not justified.

  • Date:
    1 January 2017
    Type:
    Employment law cases

    Unfair dismissal: Procedural defects cured by internal appeal

    In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.

  • Date:
    17 November 2016
    Type:
    Employment law cases

    Unfair dismissal: impact of "manifestly inappropriate" warning on decision to dismiss

    The Employment Appeal Tribunal (EAT) has held that where an employee is dismissed for misconduct following an earlier warning that the tribunal has found to be manifestly inappropriate, the tribunal must examine the weight the employer attached to that warning in deciding whether or not the decision to dismiss was within the range of reasonable responses.

  • Date:
    7 November 2016
    Type:
    Employment law cases

    Fair dismissal of employee who refused to work extra hours before Christmas

    This employment tribunal held that an employer fairly dismissed an employee who refused to do overtime as required under her contract of employment and whose protests at being asked to do so caused discontent among her fellow workers.

  • Date:
    1 November 2016
    Type:
    Employment law cases

    Libel: Email stating employee dismissed for gross misconduct not libellous

    In Theedom v Nourish Trading Ltd (t/a CSP Recruitment) and another [2016] IRLR 866 HC, the High Court dismissed an employee's libel claim in respect of emails sent by his employer about his misconduct.