Summary Dismissal: Failure to Obey Instructions.

Summary Dismissal: Failure to Obey Instructions.

The Court of Appeal has handed down its decision in Dunn v AAH Ltd , which is authority for the proposition that where an employee has so undermined the trust and confidence at the heart of a contract of employment, an employer should no longer be required to retain the employee in his employment, but should be entitled to accept that the contract for employment has been repudiated in its essence; the employer in such circumstances is permitted to terminate the contract.

Background:

In this case an employee had failed to follow instructions to report on problems of risk within the operations of his company to group headquarters in Germany; this neglect meant that he had denied the group headquarters the opportunity to assess the risk for themselves. The Court held that the employee had been properly dismissed for gross misconduct.

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Clive

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Interesting, so an employer actually has grounds for dismissal for failing to follow instructions?

Obviously has to be serious, but if a small business had a junior on board, and they had gone past any required induction or probation, could repeated failure to follow simple instructions, say after verbal and formal written warnings and any improvement plan, be justified grounds in the UK for dismissal?

We had similar issues in the past, but we've dismissed during the probation phase, but I often wondered if it would have got messy once they were past probation?

You tend to hear horror stories about industrial tribunals, and then there is associated bad press...

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Interesting to note that no employee ever dismissed on risk or safety reasons has EVER won a claim for UD.

Mike

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