Posted by Gemma Ospedale, Partner
What is gross misconduct?
In Eastland Homes Partnership Limited v Cunningham, the EAT has overturned a Tribunal finding of unfair dismissal where the employee of a residential care home was dismissed for failing to tell the employer that he and his wife were named beneficiaries in the will of one of the residents. Although the code of conduct was not available to the EAT, it appeared from the Tribunal judgment that it prohibited staff from accepting gifts in excess of £50 and suggesting that any benefits received should be declared and approved by management. The Tribunal judgement contained no analysis as to why it considered the employee’s actions did not amount to gross misconduct in circumstances where they were a breach of the care home’s code of conduct.