Quintiles Commercial UK Ltd v Barongo [2018]

Posted In: Case Law
  • Case Reference
    UKEAT 0255_17_1603
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline
Issues covered: Unfair Dismissal; Categorisation of Conduct; Serious v Gross Misconduct; Failing to Issue Warning; s.98(2) (b) Employment Rights Act 1996; Reasonableness

The claimant, a medical sales representative, was dismissed on notice for two acts of misconduct, namely, failing to complete an online compulsory training exercise and failing to attend a compulsory training course. At the disciplinary hearing the claimant argued there were certain mitigating circumstances, however, the respondent did not consider these sufficient and concluded the implied duty of trust and confidence had been broken, upholding the decision to dismiss.

An appeal of the disciplinary outcome was heard by one of the company directors. He considered the claimant guilty of serious misconduct as opposed to gross misconduct but agreed there had been a breakdown in trust and

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This article is correct at 07/06/2018

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