Read the Small Print - Unauthorised Interview Was Not Gross Misconduct

A chaplain at one of the Home Office’s immigration detention centres was unfairly dismissed despite giving an unauthorised interview to the media, contrary to the centre’s clear policy.

The Chaplain’s dismissal letter referred to the potential for information to be distributed to unauthorised parties which might, in turn, bring the organisation into disrepute. However, at the hearing it was found that the employer had neither heard, nor read a transcript, of the unauthorised interview!

The Tribunal therefore found that it was impossible for the employer to have formed a view as to the likelihood or seriousness of the potential disrepute.

The dismissal was not, therefore, within the range of reasonable responses open to the employer...... always read the small print!

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