Gross misconduct: is dismissal always reasonable?
One might be forgiven for thinking that dismissal will inevitably fall within the band of reasonable responses in a case of gross misconduct. Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 states otherwise — it would be an error of law to hold that summary dismissal is always a reasonable penalty for gross misconduct because this approach would fail to give due consideration to any mitigating factors (such as an employee’s long service, the consequences of any dismissal or any previously unblemished record).
The employee was a consultant haematologist whose contract allowed her to hold private sessions in addition to her NHS work…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Unregistered Community design right comes into existence automatically by the fact of making products incorporating the design in question available to the public in the EU.
It is possible for a registered trademark to be a victim of its own success.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents