The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation
and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.
In Adesokan v Sainsbury's Supermarkets Ltd [2017] IRLR 346 CA, the Court of Appeal held that an employee's negligent failure to act constituted gross misconduct justifying summary dismissal.
The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
In Lenlyn UK Ltd v Kular EAT/0108/16, the EAT held that an employer's offer to an employee of a settlement agreement did not constitute a "protected conversation" because the employer had acted improperly in all the circumstances, and in doing so had also breached trust and confidence.
The Court of Appeal has held that an employee's failure to take action to remedy a situation was a serious dereliction of his duty that amounted to gross misconduct.
The Employment Appeal Tribunal (EAT) has held that the dismissal of an employee for physical violence was unfair because the employer failed to have regard to all the surrounding circumstances and the employee's exemplary disciplinary record over 42 years' service.
This tribunal decision concerns a long-serving employee who was dismissed for making derogatory comments about his colleagues and his employer that he had posted on Twitter up to three years previously.