Jagex Limited v McCambridge

Good morning and welcome back to your weekly case law update. Last week we looked at race discrimination, this week we shall be looking at gross misconduct dismisssals. Gross misconduct dismissals are the ultimate sanction, it is the HR equivalent of a judge putting the black cap on. The employee’s career is put to the sword, the contract [...]

By |2020-03-02T14:10:12+00:00March 2nd, 2020|Case of the Week - Blog, Gross Misconduct|0 Comments

City of York Council v Grosset

Hello and welcome back to your weekly case law update. Last week we had two cases for you, one on employment status and another about race and religious discrimination. This week we have a disability discrimination case for you that also concerns unfair dismissal and gross misconduct. It is one we actually covered in our […]

The AA Dismisses Boss for Gross Misconduct and share prices plummet

AA Dismisses Boss – Bob McKenzie, the Executive Chairmen of The AA, has been dismissed for gross misconduct following a reportedly Clarkson-esque bust up with an employee at a hotel bar. Whilst a statement from Mr McKenzie claims his departure was due to ill-health, in any event his leaving has wiped a fifth off the company’s share […]

By |2019-12-26T15:17:04+00:00September 1st, 2017|Gross Misconduct, Unfair Dismissal|0 Comments

Lighter Side Of The News – Sacked For Groping, Twice!

Every month we bring you a tale of the absurd. An incident that goes beyond ridiculous and into the downright stupid. The source of this ludicrousness? Tabloid journalism, where else? This month’s numpty is a senior a police officer who was initially sacked after he groped a female employees breast and thigh in two separate […]

Arnold Clark Automobiles Ltd v Spoor – Dismissed For Gross Misconduct

Welcome back to your weekly update just what you need to cheer you up! The case we are discussing today shows the possible problems when common law and statute interact with gross misconduct. Particularly on the question of summary dismissal for gross misconduct. Summary dismissal is a common law concept which has evolved in the context […]

Lighter side of the news – Estate agents sacked for fighting protesters outside BoJo’s home

No newsletter would be complete without a tale of outlandish conduct that gets swept up by tabloid hacks. This month’s case concerns three employees of the estate agent firm Foxtons, which has revenue of over £149m a year, who were sacked for fighting protesters against class division. Surely a classic example of Schaudenfreude? The three staff […]

Man Utd bomb scare fiasco – Can one off mistakes lead to fair dismissals?

Some of you may have heard about a recent Man Utd game that was called off due to a bomb scare. It was later revealed that the ‘bomb’ was a dummy that had accidently been left there after a security exercise. The cost of re-organizing game is estimated to be £3m and the incident caused […]

By |2019-12-25T11:43:53+00:00May 27th, 2016|Gross Misconduct, Settlement Agreements|0 Comments

Garamukanwa v Solent NHS Trust – Does using evidence from an employees phone during a disciplinary amount to a breach of human rights?

This juicy case, which is genuinely worthy of its own TV show, concerns gross misconduct and human rights, particularly the right to a private life. Mr Garamukanwa, the Claimant, was a Clinical Manager for Solent NHS Trust, the Respondent. The Claimant formed a relationship with a nurse, Ms Maclean, on his ward. Upon this relationship ending the […]

Tabloid HR – Sacked after private Investigators follow disabled employee

This month’s sensationalist piece of employment law is the case of Samuel v Wincanton plc. Here it was held that a gross misconduct dismissal for ‘exaggerating’ physical injury was unfair. Ms Samuel worked in Wincanton’s warehouse and was hit on the head by a falling drill bit. The injuries caused her to suffer from severe nausea, […]

By |2019-12-27T18:27:36+00:00April 29th, 2016|Gross Misconduct, Lighter Side of the News|0 Comments

Employment Law footballing hat trick – Part Two – Adam Johnson and criminal convictions outside of work

Our next football employment law crossover concerns another team in the North East, Sunderland. If you have missed the news England and Sunderland FC player, Adam Johnson, was convicted of sexual activity with an underage girl. Whilst this rather unpleasant case is not strictly employment law related it did cause the club’s chief executive, Margaret […]

Disciplinary Code of Practise – Key case settles

The case of Ramphal v Department for Transport, a Court of Appeal case which was set to examine the role of HR in disciplinary procedures, has settled. The case concerned an employee who was under investigation for suspicious travel expense claims, the manager handling the investigation was inexperienced with disciplinary procedures and received substantial support […]

Tabloid Employment Law – Sacked for rail fraud

Now and again employment cases make tabloid news. These sensationalist stories can range from being sacked for liking a facebook photo to deaf police snipers winning discrimination claims and everything else in between.        This month’s outlandish story is a very good example of Schaudenfreude and concerns a city banker who was sacked after his […]

By |2019-12-25T11:56:11+00:00January 29th, 2016|Gross Misconduct, Lighter Side of the News|0 Comments

Jones v MBNA – Can provocation be used as a mitigating factor in gross misconduct offences?

Greetings , the passing of Halloween means it is now officially acceptable to start talking about Christmas. The nature of employment law means it seldom overlaps with festive revelry, however, there is one issue that does often crop up. Staff conduct at office parties. Therefore today’s case is about what to do when staff misbehave at […]