Gross Negligence

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.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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