The High Court ruled last week that an employer could dismiss an employee for an act of Gross Misconduct over five years old. The employee was a football manager, in fact he was manager of Leeds United. He was served notice of redundancy, and his notice was worth £200,000. The employer, after serving notice, mounted a concerted effort to find misconduct, having the managers computer forensically analysed, and found that he had forwarded an offensive email over five years prior. He was sacked and lost his notice and redundancy. The High Court ruled that because the employer did not know about it before, they could still sack, even after substantial time had passed. It did not matter that the employer had actually gone out of its way to look for misconduct. The email was offensive, could be harassment, and the manager held a senior position. The case can be read in full at the following link: http://www.bailii.org/ew/cases/EWHC/QB/2015/376.html Back to legal...
An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and to the Living Wage, the employer would not roll out the rights to anyone else. Read More Read more>>
It has long been a stock question from clients as to whether they can monitor employees’ emails. In fact, the actual question from clients often comes too late, in that they ask if they can sack an employee for the contents of an email, and we have to say that they could, except that they… Read more>>
Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the employer might face difficulty in dismissing summarily if the employee has been left at work while the matter is investigated. Read More Read more>>