Mackenzie v AA Ltd [2022]

• Decision Number

  EWCA Civ 901

• Legal Body

  England and Wales Court of Appeal (EWCA)

• Type of Claim / Jurisdiction

  Dismissal, Pay

The claimant was the respondent’s Chief Executive. Under his contract, it allowed for termination by three methods: 

1. 12 months’ written notice by either party; 

2. Immediate termination by the employer with payment in lieu of notice; or 

3. Summary dismissal on the basis of gross misconduct. 

In 2017 the claimant attended an event where he assaulted a colleague. He subsequently stated that he was unable to perform his duties due to illness. The respondent dismissed the claimant on the grounds of gross misconduct.   

The claimant brought a claim citing wrongful dismissal on the basis that the assault did not satisfy the criterion of ‘gross

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