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Gross misconduct or an error of judgement?

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? More...


Can you dismiss just because they smell of alcohol?

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? More...


Unfairly dismissed for giving out tomato plants

When an employee gave out homegrown tomato plants to all but one colleague, he was accused of favouritism and subsequently sacked. The tribunal has now held that it was an unfair dismissal. Why? More...


Drug testing of employees: helpful turnaround

In March 2013 we told you about an employee who had claimed unfair dismissal when she was sacked following a positive drugs test. The Employment Appeal Tribunal has overturned that decision. What’s the latest? More...


Sex at work out of hours: is it gross misconduct?

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? More...


Fairly sacked for taking a yoghurt worth 39p

Employees often help themselves to their employer’s stock, particularly items of low value. But, as a recent case shows, you don’t have to prove such misconduct “beyond all reasonable doubt”. So what are you required to do? 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...


Claim out of time


A filling and a pint please

An employee asks for some time off for what appears to be a legitimate reason. However, he’s actually seen doing something quite different. Is this a clear case of gross misconduct? More...


Return or be sacked

An employee is absent without leave and a colleague’s suggested that you issue her with a “return to work or be sacked” ultimatum. You’re worried that you could be exposed to an unfair dismissal claim. Is this likely? More...
Last updated: 12.08.2020

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