EAT Contract of Employment: Wrongful Dismissal and Unfair Dismissal: Reason for Dismissal including Substantial Other Reason
Appellant was dismissed for writing a letter confirming an offer of sponsorship. He had been told not to write that letter (though the offer of sponsorship had been approved by the employer). His case was that he had written the letter having forgotten this instruction not to do so owing to the pressure of work. Employment Tribunal held no evidence of ‘malice’ but a ‘very clear breach of a very clear instruction’ that amounted to gross misconduct. No finding whether he had forgotten the instruction or not. The employer’s policy defined ‘gross misconduct’ as including ‘flagrant refusal to obey a reasonable instruction’. In the absence of specific findings as to how the Appellant came to write the letter, the case was remitted for re-hearing. [Quare (not raised before Employment Tribunal on first hearing) was this instruction not to write the letter a ‘reasonable instruction’ in the circumstances].
Judges:
Reid QC
Citations:
UKEAT/0583/05, [2006] UKEAT 0583 – 05 – 2601
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 November 2022; Ref: scu.240205