Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

09 OCT 2014

CJD v Royal Bank of Scotland [2013] CSIH 86; (2014) EMPLR 047

Edward  Benson


24 October 2013

Inner House, Court of Session

Lady Paton, Lord Bracadale and Lord Drummond Young

For a tribunal to conclude that a dismissal for conduct was fair, the employer must establish that the conduct ‘reflected in some way upon the employer-employee relationship’.

D was dismissed for allegedly assaulting his girlfriend in whose flat he was living. The police had charged him with assault. D admitted he had pushed his girlfriend onto a sofa but claimed he did so in self-defence as she was scratching his face. His employer dismissed him even though accepting that he was acting in self-defence.

The Court of Session, upholding the decision of the tribunal, held the dismissal was unfair because the employers had not established a legitimate reason for dismissal. To rely on conduct as a reason, the conduct had to reflect in some way on the employer-employee relationship. Pushing his girlfriend onto a sofa in response to her scratching him could not reflect in any way on the employer-employee relationship.
Drafting Employment Documents for Expatriates

Drafting Employment Documents for Expatriates

Jordan Publishing Employment Law Series

Examines how employment documents can be used to help manage home and host country immigration,...

Law of Termination of Employment, The

Authoritative analysis of the rules governing termination of employment provides coverage of the...

More Info from £99.00
Subscribe to our newsletters