The penalty for proven gross misconduct is summary dismissal, which means employment can be terminated without notice or pay. But what’s the risk if an employee says they didn’t know their actions
would be treated that seriously?
Published 01.06.2010
An employee who was dismissed for drinking a single pint of lager shandy has just had his unfair dismissal claim upheld by the Employment Appeal Tribunal. So what did the employer involved do wrong
here?
Published 05.05.2011
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
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
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
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
In a recent case, an employee was sacked for sleeping on the job in the employer’s first aid room. The tribunal concluded that his dismissal was both “fair and reasonable. Why did it reach this
decision?
Published 06.12.2012
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
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
A subscriber contacted us with a difficult problem - an employee had inadvertently ruined several thousand pounds worth of stock. Given their loss, wouldn’t a dismissal for gross misconduct be fair?
Published 10.03.2005