Gross Misconduct in UK Law

  • Famous Spanish Human Rights Judge, Baltasar Garzón, Convicted for Gross Judicial Misconduct (“Trespass Prevarication”)
    • No. 3-1, March 2012
    • New Journal of European Criminal Law
    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...
  • In Court
    • No. 35-1, March 1988
    • Probation Journal
    ... ... hearing, even for ’gross misconduct’. In addition, ... ...
  • When Will the Conduct of Non-State Actors Give Rise to Entrapment?: R v TL [2018] EWCA Crim 1821
    • No. 82-6, December 2018
    • Journal of Criminal Law, The
    ... ... 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 ... ...
  • Update
    • No. 89-3, September 2016
    • Police Journal: Theory, Practice and Principles
    ... ... 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 ... ...
  • Agency Law in the Scottish Courts: Time for a Broader Approach?
    • No. , January 2019
    • Edinburgh Law Review
    • 94-100
    ... ... of his employment contract, or where he committed any act of gross misconduct or conduct which would, in the reasonable opinion of the Board, ... ...
  • Smoking Policies: The Legal Implications
    • No. 12-4, April 1990
    • Employee Relations
    • 17-21
    Recent research has suggested that those exposed to passive smoking may incur an increased risk of contracting lung cancer. In the light of such findings, many employers have faced increasing deman...
    ... ... is placed on the other, and that, if it can be shown that there is a gross disproportion between them — the risk being insignificant in relation to ... that a first offence could reasonably be viewed as "gross misconduct". The ACAS advisory handbook, Discipline at Work, states: Gross misconduct ... ...
  • Supervisor and manager styles in handling discipline and grievance. Part two ‐ approaches to handling discipline and grievance
    • No. 25-4, August 1996
    • Personnel Review
    • 38-55
    Examines the relative influence of a number of factors that can affect the approach (handling style) of a supervisor or manager when dealing with a disciplinary or grievance incident. Uses the same...
    ... ... of Practice[3], which distinguishes between simple and gross misconduct.What is perhaps more significant are the criteria that come ... ...
  • The spying game.
    • No. 2000, December 2000
    • Financial Management (UK)
    • Shabi, Rachel
    ... ... Downloading child pornography is a criminal offence as well as gross misconduct, so it is entirely acceptable to dismiss a culprit without ... ...
  • The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?
    • No. 76-6, November 2013
    • The Modern Law Review
    If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the ...
    ... ... summarily dismisses the employee without notice on the ground of gross misconduct, ie that the employee has committed a repudiatory breach. The ... ...
  • CAPE expectations.
    • No. 2001, January 2001
    • Financial Management (UK)
    • Luther, Robert
    ... ... regulations made it difficult to dismiss employees even for gross misconduct ... Overall, South African interviewees were not optimistic ... ...
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