We’ve always emphasised the importance of carrying out a comprehensive investigation when an allegation of gross misconduct has been made. But is this still necessary where you personally witness an
act of gross misconduct?
Published 09.10.2015
Let’s suppose that, following a fair and thorough disciplinary investigation and hearing, you’ve found an employee guilty of gross misconduct. Does this finding automatically justify their summary
dismissal?
Published 21.10.2013
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
In a recent case the employee claimed unfair dismissal after he was sacked for engaging in sexual activities outside of hours but on work premises. Was his behaviour gross misconduct or not?
Published 25.02.2014
In a recent case, a female employee had been sacked for offending a client. Most media reports focused on the fact her claim has been allowed to proceed, not why this is. What important legal point
has been overlooked?
Published 27.04.2012
A postman of 25 years, who was sacked for gross misconduct after he stuck a piece of chewing gum on a customer’s property, has won his claim for unfair dismissal. Why did Royal Mail lose this
case?
Published 12.05.2022
If the relationship between you and an employee breaks down, it’s possible to dismiss on the grounds of “some other substantial reason” (SoSR). But, in this situation, what must you always be able to
demonstrate?
Published 09.04.2013
In a recent case, the employer had imposed wildly different sanctions on two employees who had committed similar disciplinary offences - it dismissed one for gross misconduct but not the other. So
was that an unfair dismissal?
Published 09.02.2012
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
Until now, when an employee brought a constructive dismissal claim the tribunal ignored any monies they earned during what would have been their contractual notice period. But a new ruling has
changed this. Why is this good news?
Published 20.11.2009