If an employee is summarily dismissed for gross misconduct, they are not entitled to receive the notice period stated in their contract. Could this allow them to claim wrongful dismissal, i.e. breach
of contract, by default?
Published 01.06.2012
Mix a large quantity of alcohol with a clash of personalities during a work party and it can spell trouble. Let’s suppose a fight breaks out between two employees after the event has finished. Does
this justify disciplinary action?
Published 15.12.2014
The Employment Appeal Tribunal has held that an employee who was sacked for gross misconduct after he drove a company vehicle into floodwater was unfairly dismissed. Why did it reach this decision?
Published 07.09.2018
Recently, one of your employees got in a taxi only to discover it was being driven by a member of staff who’s signed off sick. As he’s getting full sick pay you’re understandably annoyed. But can you
dismiss him for gross misconduct?
Published 19.02.2009
In April 2015 there were reports about a farm worker who had been sacked on the spot after he was photographed urinating near crops. Can an employee really be dismissed instantly?
Published 01.05.2015
An employee who needed to answer “a call of nature”, stopped his van to do just that. His employer reacted by sacking him for gross misconduct. But what did the tribunal think? Was this a “reasonable
response” or not?
Published 20.11.2009
The Employment Appeal Tribunal has considered whether an employee will always commit an act of gross misconduct where they make a covert recording in the workplace. What did it decide and how can you
protect yourself?
Published 11.09.2019
An employee has turned up to work smelling pretty bad and it’s obvious that it’s alcohol. Can you sack them simply because they reek of it or would a dismissal for this reason be inviting trouble?
Published 29.06.2015
You firmly believe that a pregnant employee has committed an act of gross misconduct. But she says that her condition prevents you from doing anything about it. If you do she’ll claim sex
discrimination. Would she be onto a winner?
Published 22.09.2010
An employee committed an act of gross misconduct. You waited a day then summarily dismissed before following the modified disciplinary and dismissal procedure. They claim the delay made it an unfair
dismissal - correct?
Published 18.09.2008