Continue reading "Misconduct: Can employers dismiss for committing a criminal offence?"
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Misconduct: Can employers dismiss for committing a criminal offence?
In light of the police fines issued to those who attended Downing Street events during lockdown, Sungjin Park examines how to deal with employees who break the law A misconduct dismissal will be considered unfair if the employer has not formed a genuine belief on reasonable grounds that the offence in question has been committed. …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Ali v Sovereign Buses (London) Ltd [2006] UKEAT/0274/06/DM
- British Home Stores Ltd v Burchell [1978] UKEAT/108/78/2007
- CJD v Royal Bank of Scotland [2013] CSIH 86
- Crawford & anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138
- Gogay v Hertfordshire County Council [2000] EWCA Civ 228
- Harris (Ipswich) Ltd v Harrison [1978] ICR 1256
- Kearney v Royal Mail Group Ltd [2011] ET/3100476/10
- Lafferty v Nuffield Health [2020] UKEAT/0006/19/SS
- Leach v The Office of Communications (Ofcom) [2012] EWCA Civ 959
- Moore v C&A Modes [1981] IRLR 71
- Norfolk County Council v Bernard [1979] IRLR 220
- Peet v Nottinghamshire County Council [1992] EWCA Civ 1
- Secretary of State for Scotland v Campbell [1992] IRLR 263
- Singh v London Country Bus Services Ltd [1976] ILR 176
- Tabor v Mid Glamorgan County Council [1981] ET/8353/81
- Thomson v Alloa Motor Co Ltd [1983] IRLR 403