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UNFAIR DISMISSAL

An important lesson in unfair dismissal

The tribunal has ruled that a former Oxford University employee - who was sacked over twelve allegations of gross misconduct - was unfairly dismissed. Where did this particular employer go wrong? More...

GROSS MISCONDUCT

Several acts of misconduct: is that gross?

An employee has committed a few acts of misconduct in close succession. Individually, they only warrant a written warning. Can you add them all up and allege this is actually a matter of gross misconduct? More...

DISCRIMINATION

Forcing their religious beliefs on others

Employees have the right not to be treated less favourably because of their religion or belief. But what if they seek to impose their views on others in your workplace? Could that give you grounds for their dismissal? More...

GROSS MISCONDUCT

Gross misconduct or a wrongful dismissal?

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? More...

TRIBUNAL AWARDS

Dishonesty: can it slash a tribunal award?

Even when the tribunal makes a finding of unfair dismissal, it can still reduce the compensatory award where the employee’s conduct “justifies” it. But suppose they were dishonest during the disciplinary hearing - does that count too? More...

DISCIPLINARY PROCEEDINGS

Same offence: different (disciplinary) sanctions?

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? More...

GROSS MISCONDUCT

Is losing you a customer “gross misconduct”?

Suppose that an employee’s poor level of customer service has cost you a customer. Although it’s the first complaint you’ve received about them, could you dismiss for gross misconduct or might it invite a tribunal claim? More...

UNFAIR DISMISSAL

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...

MISCONDUCT

Can previous (mis)conduct be relevant to a dismissal?

You’ve already told an employee not to do something as you find it unacceptable. A few months on and they’ve done it again! Enough is enough and you want them out. But can you take their earlier misconduct into account? More...

GROSS MISCONDUCT

Defining gross misconduct

You’re reviewing your disciplinary procedures and looking to re-define the type of behaviour which qualifies as gross misconduct. What areas should you consider and how do you make staff aware of these changes? More...
Last updated: 09.07.2020

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