gross misconduct Archives - Lyons Davidson Solicitors

December 11, 2018
by Lyons Davidson

Will employees who successfully appeal dismissals be treated as having never been dismissed?

In the case of Ramesh Patel v Folkestone Nursing Home Ltd [2018], EWCA Civ 1689, Mr Patel, the claimant, was in March 2014 with two disciplinary offences during his employment as a care assistant at a Folkestone nursing home (the respondent). He was found to be asleep on duty and to have falsified records of certain residents.

Blog Employment

September 22, 2015
by Lyons Davidson

HR departments and disciplinary proceedings

To what extent can a human resources department influence disciplinary proceedings? Our Leeds Employment Law team consider a recent Employment Tribunal claim. Questions such as this go to the heart of whether an employer has carried out a fair and reasonable investigation and procedure generally prior to dismissing an employee. Failure to do so can … Continued

Blog Employment

September 30, 2014
by Lyons Davidson

Constructive unfair dismissal and gross misconduct

Can an employee resign in response to the employer’s conduct and claim constructive unfair dismissal if they have committed gross misconduct or breached their contract of employment? The Employment Appeal Tribunal considered this point in Atkinson v Community Gateway Association, holding that the employee does not give up their right to resign just because they … Continued

Employment News

August 22, 2014
by Lyons Davidson

Lyons Davidson acts for Big Brother psychologist Professor Geoff Beattie in successful claim for unfair dismissal

Professor Geoffrey Beattie, former in-house Big Brother psychologist, was dismissed from his post as Professor of Psychology at the University of Manchester in November 2012. David Sillitoe from the Leeds Employment Department was appointed to represent him in his claims for unfair dismissal and wrongful dismissal. The case was heard in June 2014 and judgment … Continued

Blog Employment

October 24, 2013
by Lyons Davidson

Why dismissing an employee for gross misconduct may not always be a ‘reasonable response’

Employers will generally be regarded as acting reasonably when dismissing an employee for gross misconduct. This article considers the recent decision in the Employment Appeal Tribunal of Brito-Babapulle v Ealing Hospital NHS Trust [2013] and summarises points for employers to bear in mind when contemplating dismissal. In the above case, the EAT found that it … Continued

Blog Employment

December 3, 2012
by Lyons Davidson

Employee’s Facebook comments on same-sex marriage in church not gross misconduct

Several recent Employment Tribunal decisions have considered cases where an employee’s Facebook comments have led to their dismissal. The High Court recently published its decision in Smith v Trafford Housing Trust [2012], in which an employee stated that their disagreement with same-sex marriage on social media. The case contributes further to the debate on the divide … Continued