UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law
This answer was rated:

Facing a Gross dismissal charge after conducting an affair

on work e-mail and sending...
Facing a Gross dismissal charge after conducting an affair on work e-mail and sending sexually detailed e-mails using work e-mail. Should have used my I phone, but is this really grounds for Gross Misconduct? - it is a one off, it does not irretrievably break the employer/employee relationship - seems a bit harsh to me.

I mean The Power of Love is a force from above, beyond our control.
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 2 minutes by:
10/17/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,086
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know how long have you worked there?

Customer: 2 years
Ben Jones :

Many thanks for your patience. There is no actual definition of what gross misconduct can amount to and this can either be covered by a specific disciplinary policy in work which lists certain things as GM, or by looking at general law and case law and establishing it through that.


 


If there is a policy in your workplace which specifically lists using company emails/computers to send sexually explicit material then it is likely that this can be treated as GM.


 


On the other hand, there has been case law where accessing or sending content of a sexual/pornographic nature has amounted to an offence serious enough to justify dismissal.


 


It is always important to consider the context of such situations though, so if this was a private conversation between two adults, where neither has found this offensive and it has not affected the business or other employees, these would all be mitigating factors which should be taken into account by the employer when reaching a decision.


 


In the end, the truth is that no one can say with full certainty whether something will lawfully amount to GM or not. One judge hearing your case on one day can come to a completely different conclusion to another Judge sitting on another day. So whilst you can challenge the allegations at the disciplinary and also have the right to appeal the outcome, if the appeal is rejected, your only way forward is to make a claim for unfair dismissal in the employment tribunal. That is when things become that bit more uncertain and you need to seek further professional advice before deciding on whether to embark on a claim.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

Customer: In the disciplinary hearing I was completely taken aback by the suggestion of Gross Misconduct I was expecting a slap on the wrist and a written warning, because the mails were between 2 consenting adults and did not affect anyone else. They kept referring to the catch all the Gross misuse of IT systems constitutes Gross Misconduct. I did not see it like that.
Customer: The decision will be within the next 7 calendar days, but I suspect it was made before the meeting. What are the chances of an appeal being successful?
Ben Jones :

No one can predict that - it is in the hands of the employer. Someone new should consider the appeal, so it would have to be a manager who has not been involved in this so far, but predicting the chances of a successful appeal is impossible, especially as this will be down to the decision of one person

Customer: I have worked there for 10 years on and off, permanent 3 years contracting for 5 and permanent for 2, does previous exemplary record not come into thid
Ben Jones :

yes it does but in your case you will only have continuous employment for 2 years, it is nevertheless a consideration they need to take into account

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,086
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,086
49,086 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

49,086 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I work in London full time and have been continuously
Second opinion] I work in London full time and have been continuously employed for less than 2 years. I was promoted subject to a 6 month probation period only to be informed that I had been unsuccess… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
After my brain injury caused by an accident at work, and 3
After my brain injury caused by an accident at work, and 3 months off work, I returned to work on 02/01/18 on a phased return to work. My employer had agreed to this during a meeting on 06/12/17. But … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I work in London full time and have been continuously
I work in London full time and have been continuously employed for less than 2 years. I was promoted subject to a 6 month probation period only to be informed that I had been unsuccessful and would be… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
Based.. can you still help? Or have Uk branch? Manager and
I'm UK based.. can you still help? Or have Uk branch? … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
Another person has been hired by my company for my role with
Another person has been hired by my company for my role with exactly the same job title, without me being informed. What rights do I have?… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My wife has worked in a pharmacy for 10 years. She has been
Hi. My wife has worked in a pharmacy for 10 years. She has been banking the takings for a considerable length of time. Apparently there has been questionable errors made over an undisclosed period. My… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
At my new work place someone was told not to come in
at my new work place someone was told not to come in anymore, they wasn't given a real reason, my employer and he's wife change their mind on a daily basis and they have had new staff on a weekly basi… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
The current system I support is being taken out of service
the current system I support is being taken out of service can my employer move me to another role even if I don't want to do this role? 23 years in the same role … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My company is going through a redundancy process and has had
My company is going through a redundancy process and has had the senior supervisors carry out Selection Criteria Forms on all employees. One of the sections in this is “Qualifications-Fit of qualifica… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I have worked for 3,5 years for Holland & Barrett and have
I have worked for 3,5 years for Holland & Barrett and have been transferred to different stores and changed my working hours on many occasions without any notice or my consent. Thy forced me to work m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Ben. I have a strong feeling I will be made redundant due to
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing someth… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
If a Deputy Headteacher was told by the Headteacher to
if a Deputy Headteacher was told by the Headteacher to Quality assure the school Single Central Record and they say they have and it later emerges they have. It and the register is inadequate.........… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My daughter has been working for a local factory in the
Hi, my daughter has been working for a local factory in the sample department since June 2017. (I work in the same factory) This has been on 2 temp contracts of 3 months each. She is 20, has depressio… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I wish to write a formal complaint about not only a local
i wish to write a formal complaint about not only a local council employee who's title is and was at time of first meeting (assessment interview) unprofessional discourteous dismissive inappropriate u… read more
Nick H
Nick H
LLB
123 satisfied customers
I am intending to resign from a sales position and have an
Hello, I am intending to resign from a sales position and have an amount of commission payments in various states - overdue, pending approval, in dispute, due to be eligible from bookings within my no… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My husband was working as a salaried person and was asked if
My husband was working as a salaried person and was asked if he wanted to become a partner when one of the two existing partners retired. The retiring partner retired on June 30th 2007 and my husband … read more
Julie Kingham
Julie Kingham
Director
Chartered Tax Adviser
733 satisfied customers
I want to talk with an employment lawyer regarding to an
Second opinion] Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
frantzgregory
frantzgregory
673 satisfied customers
I want to talk with an employment lawyer regarding to an
Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x