header-logo header-logo

An own e-goal?

nlj_7645_chris-bryden-michael-salter

Chris Bryden & Michael Salter explain why common sense trumps policy in cases involving online misconduct

Does the sending of pornographic material to male friends and a junior female employee amount to gross misconduct? Mr Justice Lewis determined that it did in the recent case of Williams v Leeds United Football Club [2015] EWHC 376 (QB), [2015] All ER (D) 218 (Feb). The case is important for a number of reasons. It has made headlines due to the nature of the parties. From a legal perspective, however, it is of interest for two main reasons: first, the fact that the misconduct in question was discovered five years after it had occurred, and after notice of redundancy had been given; and second, for its consideration of the applicability of the employer’s e-mail and IT policy.

The facts

The facts of the case are relatively straightforward. Evan Gwyn Williams was employed as the technical director of Leeds United from August 2006, having previously worked for Chelsea. His salary with Leeds

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll