If an employer dismisses for gross misconduct, what does this mean for an employee's contractual rights? Does a failure to pay notice pay, make an otherwise fair dismissal unfair? Max Winthrop, partner at Sintons LLP, joins us to answer these questions and more, drawing on his legal and practical expertise. Max also shares his thoughts on the potential for significant change to employment law under the Retained EU Law (Revocation and Reform) Bill.
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
In Lancaster & Duke Ltd v Wileman, the Employment Appeal Tribunal (EAT) held that an employee who was dismissed for gross misconduct could not extend her length of service by the statutory minimum notice period to allow her to qualify to bring a claim of unfair dismissal.
In Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, the Supreme Court held that, where an employee was dismissed by letter, her notice period began when she read the letter, or had a reasonable opportunity to do so.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.