Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Case lawHealth and safetyDiscipline and grievancesDismissalUnfair dismissal

One-off serious mistakes at work: five key cases

by Stephen Simpson 17 May 2016
by Stephen Simpson 17 May 2016 Man Utd fans evacuate Old Trafford last weekend. Photo: Matt West/BPI/REX/Shutterstock
Man Utd fans evacuate Old Trafford last weekend. Photo: Matt West/BPI/REX/Shutterstock

A mistake by a private security company during a training exercise led to a fake bomb being left in a toilet at Old Trafford, resulting in the evacuation of 75,000 fans at Manchester United’s final league game of the season. Estimates put the cost of rearranging the game at £3 million. What is the legal position for employers when an employee makes a single serious mistake at work?

While the Acas code of practice on disciplinary and grievance procedures requires employers to give employees a series of warnings before they dismiss an employee for poor performance, it is well established from case law that it may be lawful to dismiss an employee for a one-off act if it constitutes a very serious mistake.

Stephen Simpson rounds up five examples from case law in which employees have been dismissed for one-off mistakes at work.

 

1. Catastrophic mistake endangering lives can lead to fair dismissal

Poor performance at work

Can an employer dismiss an employee for a one-off act of poor performance?

Capability: line manager briefing

Performance improvement procedure

The leading case has long been the 1977 Court of Appeal decision in Taylor v Alidair Ltd.

In that case, the Court of Appeal held that it was fair to dismiss an airline pilot whose negligent landing put the lives of passengers at risk.

The pilot’s actions amounted to gross incompetence and could have had deadly consequences. The airline was entitled not to take the risk of a recurrence.

While employers must operate a series of warning, the courts and tribunals will normally understand if an employer dismisses an employee for an action that has potentially serious safety consequences.

 

2. But serious errors are not an automatic reason to dismiss

The courts and tribunals are less likely to allow employers to dismiss an employee for a mistake that is unrelated to health and safety.

In the 1981 case Inner London Education Authority v Lloyd, the Court of Appeal limited the application of its own ruling in Taylor v Alidair Ltd.

There, the Court of Appeal distinguished between making a mistake that could endangers lives (as was the case in Alidair) and gross incompetence where an employee has not been given the proper support to do his or her training (which was the case in LLoyd).

The lesson from Inner London Education Authority v Lloyd is that gross incompetence will only “excuse” a serious failure to follow proper dismissal procedures where continuing with employment would prove a risk to health and safety of others.

 

3. Employee’s mistake that put his own life at risk was fair reason for dismissal

In a number of cases involving one-off mistakes, employees have put themselves at risk, but there was no danger to anyone else. Should this make a difference?

In Mulla v Nestle UK Ltd, an experienced employee entered a high-risk piece of machinery without following the correct procedures.

The machine had just been brought back into operation after a fatal accident. Strict rules had been introduced involving a system of master and slave keys and a requirement to wear an orange tabard.

The employee, who was wearing a green tabard (the wrong colour), entered the machine without a key for a short period (less than a minute).

Following his dismissal, the employment tribunal concluded that he had given no consideration to workplace safety and had acted thoughtlessly.

His unfair dismissal claim was rejected.

 

4. Recent example of fair dismissal for isolated incident

Employers looking at the law on dismissals for one-off mistakes may be concerned that the leading case Taylor v Alidair Ltd is from a very long time ago.

Are there any more recent examples from the case law?

Warnings: tasks

Issue an employee with a formal verbal warning for misconduct

Give an employee a first written warning for misconduct

Deliver a final written warning for misconduct

Although not a binding case, Farah v Mitie Transport Services Ltd is a good example of a more recent fair dismissal for a single breach of safety protocol.

In that case, the employer dismissed a cleaner who was caught wearing headphones while cleaning a train exterior.

Due to the serious – potentially fatal – risks posed by working on and around trains, the company has strict health and safety rules on wearing headphones while working.

The employment tribunal dismissed his claims, including for unfair dismissal. The tribunal found that dismissal was an appropriate sanction in the circumstances.

 

5. Serious mistake is no excuse for an on-the-spot dismissal

Even when an employer believes that an employee has become a liability, it should still follow the Acas code of practice on disciplinary and grievance procedures as far as possible.

In Vickery v Kars of Tiverton Ltd, an inexperienced garage mechanic was instantly dismissed for not tightening a bolt on a car that he had been working on.

The employment tribunal held that the dismissal was unfair because the employer had not followed a fair procedure under the Acas code.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

The tribunal pointed out that the claimant was in the first year of an apprenticeship and under the direct supervision of an experienced mechanic, who should have checked his work.

Dismissal for a single serious mistake may not be fair if the individual is inexperienced and is not being supervised properly.

Stephen Simpson

Stephen Simpson is Principal HR Strategy and Practice Editor at Brightmine. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined Brightmine in its early days in 2001.

previous post
Is technology a drain on productivity?
next post
Adventurous or cautious? How HR’s risk profile compares with other workers

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Employers ‘worryingly’ ignorant about stress risk assessments

20 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Tribunal finds need for degree in redundancy selection...

14 May 2025

‘Polygamous working’ is a minefield for HR

14 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Lincolnshire doctor awarded £250k in race discrimination case

2 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today