Unfair dismissal: gross misconduct

UNFAIR DISMISSAL

Gross misconduct

Case Hope v British Medical Association EA-2021-000187-JOJ

Facts H, an employee of BMA, brought a number of grievances against senior managers. He did not progress any grievance to the formal stage. The employer carried out a grievance hearing in his absence. The grievances were not upheld. H was dismissed for gross misconduct in bringing vexatious and frivolous grievances and failing to comply with a reasonable management instruction to attend the hearing. He complained of unfair dismissal. The ET dismissed the complaint. H appealed to the EAT.

Decision 1. The appeal was dismissed.

2. Section 98(4) of the Employment Rights Act 1996 involved consideration of all the circumstances of the dismissal.

3. This might involve a breach of contract. This case did not involve a contractual element.

4. The ET had been entitled to decide that the employer had acted reasonably in considering the employer’s decision to dismiss in all the circumstances.