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.

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