Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawEmployment law

M Dawes v Lidl Ltd, EAT, 26 January 2006

by Personnel Today 21 Mar 2006
by Personnel Today 21 Mar 2006

Failure to follow instruction is gross misconduct
M Dawes v Lidl Ltd, EAT, 26 January 2006

Background

Mr Dawes was a property executive with Lidl, whose job involved identifying new sites for stores and liaising with local councils over planning applications.

When dealing with one application in Cornwall, Dawes was asked by a local councillor if Lidl would be prepared to sponsor a charity firework display at a cost of £1,000. Dawes sought the advice of his managers, who agreed to the proposal. Dawes was instructed that he should not put the company’s commitment to giving the money in writing in case it could be misconstrued. Nevertheless, Dawes confirmed in writing the company’s donation. This fact became known to Lidl, which subsequently took disciplinary proceedings against Dawes, asserting that he was guilty of gross misconduct under his contract. Gross misconduct was defined in Lidl’s disciplinary policy as a “flagrant refusal to obey a reasonable instruction”. Dawes claimed that it was an administrative oversight on his part by reason of pressure of work, but he was dismissed without notice for gross misconduct. Dawes subsequently claimed unfair and wrongful dismissal.

Decision

The tribunal dismissed his complaints. It regarded the company’s approach as harsh, but could not say that any reasonable employer in those circumstances would have dismissed on those grounds. The tribunal accepted there was no evidence of malice on Dawes’ part, but it found that there was a clear breach of a very clear instruction.

Appeal

Dawes successfully appealed. The tribunal had failed to address the fundamental question of whether Dawes wrote the letter absent-mindedly. The EAT said that, if he had done so, then it would be difficult to conclude that this was a flagrant refusal to obey a reasonable instruction. The case was sent for rehearing.

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.

Comment

An employer can dismiss for a first offence where an employee is guilty of gross misconduct. However, it must adhere rigorously to any disciplinary policy. It appears that the question of whether the instruction in this case was a reasonable one was not raised before the tribunal.


Lidl
Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Employers put back-to-work mums at bottom of list for jobs
next post
Information and consultation: Do unions have the right to see more company information?

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

‘Unacceptable to question integrity’ of Supreme Court judgment

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
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+