Does gross negligence amount to gross misconduct? The answer is yes according to the Court of Appeal where negligence is so serious that it amounts to a loss of trust and confidence (although employers should note that such cases will often turn on their particular facts).
In the present case, the claimant was a regional manager for Sainsbury’s supermarkets. He was aware that an HR manager had sent an e-mail which attempted to improperly interfere with a management consultation exercise. His inaction in not dealing with it was held to amount to gross misconduct and he was fairly dismissed.