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Dismissal for "conduct" reasons: whether conduct had to be culpable - JP Morgan Securities Plc v Ktorza [EAT] 11.05.17 (Unreported)

An employment tribunal had erred in holding that for someone to be fairly dismissed by reason of their "conduct" within the meaning of the Employment Rights Act 1996 s.98(2)(b), that conduct had to be culpable. It was not a requirement of s.98(1) and s.98(2) for an employer to establish that the conduct was culpable, still less that the person accused had been aware that what they were doing was subject to the disapproval of their employer.
Category: Employment » Dismissal; Misconduct. Area(s) of law: Employment.
Source: UKEAT/0311/16/JOJ.

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