How not to get caught up in the web

Businesses that fail to clarify important disciplinary procedures could face lengthy and costly legal battles according to a leading city law firm. A recent case saw an employee take his employer to an employment tribunal because he had been sacked for gross misconduct after accessing pornography at work.

The worker won at the Employment Tribunal on the basis that the staff handbook had described the action as misconduct and not gross misconduct and therefore not a dismissible offence.

Chris Boyle, specialist employment lawyer, who works in Ricksons employment team, which is currently offering free legal health checks, spoke about the ruling. He said:

Although the business had a staff handbook and it detailed what was considered to be inappropriate behaviour, the business was unfortunately caught out on a minor detail. It is a classic but fundamental mistake and one, which should not be repeated.

The business appealed against the decision and won, because the tribunal stated that they were correct in dismissing the employee as it 'was within the reasonable responses' to end an employees contract for accessing pornography. It is imperative that businesses get a specialist to check over disciplinary procedures and that they fit with current legislation - otherwise they could face costly legal battles.