Conduct dismissal

Case 5: The facts

Ms Goudie was dismissed for unacceptable misuse of her employer's computer facilities, after receiving and sending an e-mail regarded by her employer as pornographic.

Goudie said she had not seen the e-mail in that light - and that, in any case, her employer was inconsistent in its treatment of such breaches.

The ruling

The EAT held that the employer's actions in dismissing Goudie were not reasonable. The employer used a system of grading offensive material, but had not told employees how this grading system worked or the sanctions that applied. The dismissal was therefore unfair.

The tribunal is to consider the issue of contributory fault, which it should have done at the full hearing, as part of the remedies hearing.

Royal Bank of Scotland v Goudie UKEAT/0693/03