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Gross misconduct seen with your own eyes

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? More...


Fighting after the staff party

Mix a large quantity of alcohol with a clash of personalities during a work party and it can spell trouble. Let’s suppose a fight breaks out between two employees after the event has finished. Does this justify disciplinary action? More...


Unfairly sacked for not preventing harassment

When an employee was kicked unconscious at his desk his manager was sacked for “failing to adequately protect him from harassment”. Why did the tribunal rule that her dismissal was actually unfair? 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...


Dismissal: this really is the final straw

An employee can resign and claim constructive dismissal if an event is the final straw for them. But what about the other way around? Can you dismiss an employee because they’ve done something that is the final straw for you? 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...


A total breakdown in trust and confidence

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? More...


Misconduct - but it was after hours!

The tribunal recently looked at a case where the employee had been sacked for punching a colleague after a works party. He claimed that this decision was unfair as their spat happened after hours. Did this get him off the hook? 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...


Self-preservation or an act of gross misconduct?

In a recent case, an employee selected for redundancy sent vast amounts of confidential information to her private e-mail address. She said it was “self-preservation”, the employer argued it was gross misconduct. Who won? More...
Last updated: 09.07.2020

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