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Adesokan v Sainsbury's Supermarkets Ltd
The Court of Appeal has confirmed in this case that gross negligence can constitute gross misconduct.
The Claimant was a Regional Manager who became aware that a HR Manager had issued an email which attempted to interfere in and subvert an important management consultation exercise. Despite being aware of this email the Claimant did nothing to get it withdrawn or to remedy the situation. In a disciplinary hearing it was decided that his inaction demonstrated gross negligence which was tantamount to gross misconduct and he was dismissed. He sued for breach of contract.
The High Court held that even though the inaction of the Claimant was not deliberate, his negligence was so serious that it resulted in a "loss of trust and confidence" sufficient to justify dismissal. The Court of Appeal agreed that any decision on what amounted to gross misconduct turned on the specific facts of the case. Even though courts should not easily find that a mere failure to act amounted to gross misconduct, on the facts of this case the senior position the Claimant had in the Company justified the dismissal.
In Practice
This case demonstrates that regardless of an employee’s position, failing to act, whether deliberate or not, does not leave them in a good position, particularly if they are in a senior role. Employers can justify dismissal in this circumstance, as long as they ensure they go through a proper and thorough disciplinary procedure.
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