EAT Gross Misconduct raises a mixed question of law and fact; as a matter of law it connotes either deliberate wrongdoing or gross negligence; Wilson v Racher applied. An employment tribunal does not necessarily substitute its own judgment for that of the employer by making findings of fact as to matters not dealt with by the internal disciplinary hearing; Small v London Ambulance Service considered.
Contributory Fault
It is a misdirection in law for the employment tribunal to consider the employer’s conduct in relation to contributory fault; Parker Foundry v Slack applied.
Citations:
[2009] UKEAT 0032 – 09 – 1712
Links:
Employment
Updated: 11 August 2022; Ref: scu.392546
