Gross Misconduct in UK Law
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R Darren Williams v Police Appeals Tribunal Commissioner of Police of The Metropolis (Interested Party)
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In my judgment, the importance of maintaining public confidence in and respect for the police service is constant, regardless of the nature of the gross misconduct under consideration. What may vary will be the extent to which the particular gross misconduct threatens the preservation of such confidence and respect.
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Preiss v General Dental Council
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It is settled that serious professional misconduct does not require moral turpitude. Something more is required than a degree of negligence enough to give rise to civil liability but not calling for the opprobrium that inevitably attaches to the disciplinary offence. The core and most serious shortcoming was summarised by the PCC as failure to ensure that the state of the patient's oral health was appropriate in view of the ambitious treatment plan.
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Briscoe v Lubrizol Ltd
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To draw a distinction between gross misconduct and repudiatory conduct evincing an intention no longer to be bound by the contract is in my judgment to make a distinction without a real difference. It may be more common in employment cases to deal with gross misconduct, but that is essentially a form of repudiatory conduct. The two propositions appear to have been so treated by Lord Jauncey of Tullichettle in Neary and Neary v Dean of Westminster [1999] IRLR 288 when he said at paragraph 20:—
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Armitage v Nurse
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I accept the submission made on behalf of Paula that there is an irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust. If the beneficiaries have no rights enforceable against the trustees there are no trusts.
It would be very surprising if our law drew the line between liability for ordinary negligence and liability for gross negligence. In this respect English law differs from civil law systems, for it has always drawn a sharp distinction between negligence, however gross, on the one hand and fraud, bad faith and wilful misconduct on the other.
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Adesokan v Sainsbury's Supermarkets Ltd
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The focus is on the damage to the relationship between the parties. Dishonesty and other deliberate actions which poison the relationship will obviously fall into the gross misconduct category, but so in an appropriate case can an act of gross negligence.
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Johnson v Unisys Ltd
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Consistently with these provisions, Mr Johnson was written a letter of engagement which stated his salary and summarised the terms and conditions of his employment, including the notice period. Apart from the statement that in the event of gross misconduct, the company could terminate his employment without notice, it made no reference to disciplinary matters.
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The Police (Conduct) Regulations 2012
... ... a meeting held in accordance with regulation 39 following a misconduct meeting; ... “bank holiday” means a day which is a bank holiday ... “gross misconduct” means a breach of the Standards of Professional Behaviour so ... ...
- The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018
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The Police Service of Scotland (Conduct) Regulations 2014
... ... "gross misconduct" means a breach of the Standards of Professional Behaviour so ... ...
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The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017
... ... relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (“P”) may amount to gross misconduct; and ... (b) condition A, B or C is satisfied. S-3 ... 3 Condition A is that P ceased to be a police officer after the allegation ... ...
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Famous Spanish Human Rights Judge, Baltasar Garzón, Convicted for Gross Judicial Misconduct (“Trespass Prevarication”)
Judge Baltasar Garzón Real has been the Investigating Judge of the Central Criminal Court of Instruction number 5 of the Spanish National Court (Audiencia Nacional) for over 21 years. The Audiencia...
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In Court
... ... hearing, even for ’gross misconduct’. In addition, ... ...
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When Will the Conduct of Non-State Actors Give Rise to Entrapment?: R v TL [2018] EWCA Crim 1821
... ... There was also an absence of state misconduct and as such the judge erred in staying the proceedings and a new trial was ... The reason I take to be this: Given sufficiently gross misconduct by the non-state agent, it would be an abuse of the court’s ... ...
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Update
... ... they have been dismi ssed, resigned or retired while subject to a gross misconduct investigation where there would have been a case to answer. The ... ...
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Can Gross Negligence Constitute Gross Misconduct?
The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct. Mr Adesokan, a long-serving...
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Breach of Confidentiality Amounted to Gross Misconduct
In Farnan v Sunderland Association Football Club [2015] EWHC 3759 (QB), the High Court considered whether breaches of confidentiality could amount to gross misconduct justifying dismissing an emplo...
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Sending Pornographic Images was Gross Misconduct Even Though Not Discovered For Several Years
In Williams v Leeds United Football Club [2015] EWHC 376 (QB), the High Court considered whether sending pornographic images from a work e-mail amounted to gross misconduct which would justify term...
- Negligence May Be Gross Misconduct