Gross misconduct

Case 4: The facts

Bank employee Baljit Kaur was dismissed for gross misconduct after breaching Financial Service Authority rules by opening a bank account for a customer who had not provided the required documentation.

The ruling

The Employment Appeal Tribunal noted that, under the bank's disciplinary policy, employees could only be guilty of gross misconduct if their action had been deliberate. The bank had failed to show that Kaur had acted deliberately, and had in any case carried out an inadequate investigation. Consequently Kaur's dismissal was unfair.

Abbey National plc v Kaur UKEAT/0271/05