Misconduct dismissals

New and updated

• Date:

  11 August 2010

  Type:

  Employment law cases

  Disciplinary proceedings: Employer had discretion to delay disciplinary proceedings pending police investigation

  In Secretary of State for Justice v Mansfield EAT/0539/09, the EAT held that the postponement of disciplinary proceedings pending the outcome of criminal proceedings in respect of the employee's alleged misconduct did not render his eventual dismissal unfair.

• Date:

  11 August 2010

  Type:

  Employment law cases

  Unfair dismissal: Employer should have challenged evidence of accuser

  In Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 CA, the Court of Appeal held that an employment tribunal was entitled to find a dismissal unfair where the reason for the dismissal included an allegation about a secondary incident that had not been particularised, and where there had been a failure to investigate a key dispute of fact between the accuser and accused.

• Type:

  Employment law cases

  Driver fairly dismissed on suspicion of drinking while delivering volatile acid

  In this case, the employment tribunal found that the employer had fairly dismissed an employee whom it believed had consumed alcohol while working.

• Type:

  Employment law cases

  Mechanic unfairly dismissed on the spot contrary to Acas code

  The employment tribunal in this case increased the amount of compensation awarded to an unfairly dismissed employee because of his employer's failure to provide a written statement of terms and conditions of employment or to dismiss him in accordance with the Acas code of practice on disciplinary and grievance procedures.

• Type:

  Employment law cases

  Case round-up

  Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.

• Date:

  22 July 2010

  Type:

  Employment law cases

  Costs: pursuing claim purely for declaration of unfair dismissal is unreasonable behaviour

  The Employment Appeal Tribunal has held that, in the context of costs applications, it is unreasonable behaviour for a claimant to pursue an unfair dismissal claim purely for the purpose of obtaining a declaration that he or she was unfairly dismissed.

• Type:

  Employment law cases

  Employee unfairly dismissed for smoking at work

  An employer's previous tolerance of misconduct can render a dismissal for that same misconduct unfair, as the employer in this case found to its cost.

• Date:

  1 June 2010

  Type:

  Employment law cases

  Unfair dismissal: Failure properly to consider explanation of uncharacteristic behaviour during hypoglycaemic episode resulted in unfair dismissal

  In City of Edinburgh Council v Dickson EATS/0038/09, the EAT upheld the employment tribunal's decision that an employee whose employer failed properly to consider his explanation that he had behaved out of character during a hypoglycaemic episode was unfairly dismissed. However, the tribunal's conclusion that the employer's rejection of that explanation amounted to direct and disability-related discrimination was wrong in law and was overturned.

• Date:

  19 May 2010

  Type:

  Employment law cases

  Unfair dismissal: Dismissal for gross misconduct fell outside range of reasonable responses

  In Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 CA, the Court of Appeal held that an employment tribunal was entitled to find that the employer had acted outside the range of reasonable responses when it summarily dismissed an employee for gross misconduct after initial agreement that the allegations against him would be dealt with under an informal procedure that was appropriate for relatively minor misconduct and could not lead to dismissal.

• Date:

  21 April 2010

  Type:

  Employment law cases

  Samuel Smith Old Brewery (Tadcaster) v Marshall and another

  The Employment Appeal Tribunal has held that it will only rarely be unfair for an employer to proceed with a disciplinary hearing prior to holding a related grievance appeal hearing.