Tag Archives: gross misconduct
UK: Medical assessments – employers should review their arrangements to minimise risk of vicarious liability
A High Court has held in Various claimants v Barclays Bank an employer vicariously liable for the acts (in this case, alleged sexual assaults) of a doctor engaged by it as an independent contractor to carry out medical assessments on provisionally … Continue reading
UK: Employer’s duty of trust and confidence – caution needed before suspending to investigate alleged misconduct
A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes place. Employers should first seek the employee’s response to the allegations and consider whether suspension is … Continue reading
A recent Interpretation issued jointly by Beijing Higher People’s Court and the Beijing Labor Dispute Arbitration Commission on 24 April 2017 suggests that, in Beijing, it may be possible to terminate an employee for a violation of professional ethics. However, … Continue reading
UK: Unfair dismissal – poor attitude towards organisational change could justify gross misconduct dismissal
The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. Given her senior position, the manager's failure to cooperate with, support or lead a change, on the … Continue reading
Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading
UK: Discipline – gross negligence can be gross misconduct justifying dismissal without notice in some circumstances
Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails to uphold a key policy of the employer.
UK: Unfair dismissal – broad investigation may be required where credibility of serious allegations at issue
Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry out a broad investigation, including into evidence that goes to credibility.
UK: Unfair dismissal – reliance on inappropriate final warning could render dismissal for gross misconduct unfair
In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written warning which the tribunal found to have been ‘manifestly inappropriate’.
An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee has dishonestly exaggerated their condition and fraudulently claimed sick leave and pay. The EAT confirmed in Metroline West … Continue reading
In brief The Court of Appeal of New South Wales in Bartlett v Australia & New Zealand Banking Group Ltd  NSWCA 30 has upheld an appeal by an employee for damages for breach of contract, finding that he was … Continue reading