Warning for employers dismissing without notice
By Antonia Blackwell
Employer seeking to dismiss employees without notice for acts of gross misconduct should be mindful of recent case law in this area.
Generally, to terminate an employment contract, an employer will need to give the requisite period of notice or risk a claim of wrongful dismissal. However, in circumstances where the employee commits an act of gross misconduct, the employer is entitled to dismiss immediately without giving notice. To constitute ‘gross misconduct’, the misconduct in question must be sufficiently serious as to undermine the mutual trust and confidence between the employer and the employee — that is, it must amount to a repudiatory breach — and this will be a question of fact in each case.
In Robert Bates Wrekin Landscapes Ltd v Knight, Mr Knight worked as a gardener for Robert Bates Wrekin Landscapes. His contract included 17 situations in which his employment could be ended without notice, one of which was theft of the employer’s or customer’s property and another was breach of security rules including the removal of property without a ‘property pass’. A bag of bolts from the site was found in Mr Knight’s van. Although Mr Knight claimed he had found the bag but forgotten to hand it in, he was dismissed for theft and removing goods from the site without the required ‘property pass’…
Click on the link below to read the rest of the Shoosmiths briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Employers liable to civil penalty of up to £20,000 for each illegal worker.
Ambiguities in SME law must be eliminated
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…