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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll