ABSTRACT

Employment Appeal Tribunal clearly-defines the importance of disciplinary rules. Here the employer was found to have acted unfairly in dismissing an employee for drinking in a public house during working hours. A decision to dismiss must be 'reasonable' in accordance with the Employment Rights Act 1996. The 'punishment must fit the crime' and 'the penalty must fall within the ranges of penalties that any reasonable employer could have adopted'. Sliding scale of punishments may be appropriate to have a sliding scale of offences concerning misuse of the email and internet at work. The misuse of the email and internet across the Group is regarded as a serious breach of the company's data protection policy and equal opportunities policy. Employers are entitled to establish the rules about the use and misuse of the company internet, telephone, postal service and email system.