Case - Dietman v Brent London Borough Council

[1988] ICR 176, Court of Appeal - John Hendy QC

Appeal by council against wrongful dismissal decision [FN 1]. HELD: On a proper construction of appellant's contract of employment, even if appellant was guilty of gross misconduct, she could not be dismissed summarily without a disciplinary hearing. Her gross negligence in failing to perform properly her professional duties did not amount to gross misconduct under the contract if her conduct was not intentional or dishonest or disruptive. Appeal dismissed.

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