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An own e-goal?

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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