Dawes v Lidl Ltd - What is "gross misconduct" [2006] EAT

An employer's disciplinary and grievance policy defined gross misconduct as a "flagrant refusal to obey a reasonable instruction". Contrary to instructions, an employee offered £1,000 sponsorship to a charity firework display "in anticipation, and on the basis, of the successful planning application for our store".

He was sacked and brought and lost an unfair dismissal claim.

He appealed and the EAT sent the case back for rehearing by a tribunal with directions as to how "gross misconduct" should properly be considered.

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