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Philips Electronics UK Ltd (t/a Philips Lighting) v Miller - Misconduct dismissal was not justified [2008] EAT

Mr Miller was a machine operator in the Hamilton factory of Philips Lighting where they make light tubes.

On 19th June 2007 two things happened.  Mr Miller had a row with another employee and was "verbally abusive" during the incident.  Secondly, at or about the same time he destroyed a number of good light tubes.  He was called to a disciplinary hearing.  Both allegations were found to have been proved and he was dismissed summarily on grounds of misconduct.  An internal appeal was dismissed.

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