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3 Things We Learnt In Law This Week (11 April 2019)

Employee Found Storing ‘Obscene Material’ On Online Work Account Unfairly Dismissed

A Royal Mail employee who was allegedly found storing “obscene material” on his online work account has been awarded £53,142 for unfair dismissal and £9,360 in costs.

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3 Things We Learnt In Law This Week (31 January 2019)

Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director

An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.

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When is it Possible to Dismiss an Employee for Gross Misconduct?

Gross misconduct is misconduct so serious as to justify the immediate dismissal of an employee. Certain acts, such as theft, fraud, physical violence or serious negligence would almost always be gross misconduct.

Employers must always take into account the nature of their business and the circumstances surrounding the misconduct before any decision to dismiss is made. What is deemed to be gross misconduct in one industry may not be in another. For example, regularly using offensive language may be treated differently in different sectors and working environments.

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Top 10 Examples of How Flawed Disciplinary Procedures Can Give Rise to Unfair Dismissal Claims

For an employer, nothing is more frustrating than an employee that has been dismissed for “blatant misconduct” yet has a potential claim for unfair dismissal because the correct procedures were not followed. Here are top 10 examples of how disciplinary procedures can go wrong for employers:  

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High Court Injunctions and Disciplinary Hearings

A rather interesting concept was dealt with recently by the Supreme Court via the case ofWest London Mental Health NHS Trust v Chhabra. The question before the Court was whether it could intervene to restrain an employer from requiring an employee to face allegations of gross misconduct at a disciplinary hearing if the conduct complained of is not sufficiently serious so as to support such a finding of misconduct.

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