21st August 2018

Gross misconduct: the sum of its parts

Examples of acts which are commonly regarded as gross misconduct include theft, abuse of drugs, deliberate damage to an employer's property and physical violence. As we might expect, employees are far less likely to be guilty of a single act of gross misconduct than to tally up a series of breaches of workplace rules and procedures.

Examples of acts which are commonly regarded as gross misconduct include theft, abuse of drugs, deliberate damage to an employer's property and physical violence. As we might expect, employees are far less likely to be guilty of a single act of gross misconduct than to tally up a series of breaches of workplace rules and procedures.

Where possible, employees should be provided with appropriate warnings to give them a chance to improve their behaviour prior to considering more serious disciplinary sanctions. However, in the recent case of Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the London hospital sacked a consultant orthopaedic surgeon for gross misconduct. He had worked at the hospital for more than 15 years and had not received official warnings about his actions.

The Appeal Tribunal upheld the decision of the Employment Tribunal as regards the employee’s dismissal being fair. A pattern of conduct raising concerns over patient safety was found to be serious enough to undermine the implied duty of mutual trust and confidence, justifying summary dismissal.

In the latest edition of People Management magazine, Employment solicitor at Thrings, Neha Sarin, tells readers what this case could mean for employers.

Please click here to read the full article.

 

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