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Can doing nothing be gross misconduct?

Whilst there’s no legally defined list, many actions that employees take can be deemed gross misconduct. But what about inaction or doing nothing - can that also amount to gross misconduct? More...


A legal right to inspect personal PCs?

When an employer grew concerned that two of its employees had stolen confidential data, it applied to the High Court for permission to inspect their own PCs. As this was granted, do you now have a new legal right? More...


Gross misconduct: does it always justify dismissal?

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? More...


The nasty consequences of a positive drugs test

In a recent case, the employee had been required to undergo a drugs test following an anonymous tip-off. When the result came back positive, she was sacked. However, the tribunal has ruled that her dismissal was unfair. Why? More...


Comment on Facebook - it’s my human right!

In a recent case, a male employee had been sacked for gross misconduct after he posted vulgar comments on Facebook about a female colleague. He argued that this was a “breach of his human rights”. What did the tribunal say? More...


That’s (business) entertainment!

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? More...


Narrowing down on confidentiality clauses

An employer recently asked the High Court to enforce its supposed right to confidentiality. Unfortunately, it had made three fatal errors. What were they and how can you avoid making the same mistakes? More...


Facebook comments and (un)fair dismissal

In two recent cases, employers had each dismissed an employee for comments they’d made on Facebook about their workplaces. At the tribunal, one lost but the other successfully defended its decision. So how did it win? More...


Offensive e-mails sent from home computers

Suppose that an employee has used their own home computer to send an offensive chain e-mail. You might think that this is a private activity. But according to the tribunal it can justify dismissal. What do you need to know? More...


Embarrassing position for an unfair dismissal

A nurse who found herself in an embarrassing situation made light of it by cracking a joke. She was later dismissed for gross misconduct due to her “lewd comments”. The Court of Appeal has now ruled that her sacking was unfair. Why? More...
Last updated: 08.07.2020

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