Poor Attitudes To Organisational Change Can Be Gross Misconduct

An employee's poor attitude towards organisational changes within their employer's business could amount to gross misconduct.

Ms Adeshina was the Principal Pharmacist in Wandsworth Prison. Medical service provision at the prison was initially nurse-led, but a decision was taken to move towards a pharmacist-led approach. Ms Adeshina was resistant to this change. A letter was sent to her to institute a disciplinary investigation. Among the allegations in that letter was "failure as Head of Pharmacy Services at HMP Wandsworth to be cooperative and to support and lead the major service change in the Pharmacy Department which has resulted in a negative impact on the new treatment centre".

The investigation report concluded that the allegations were founded. It described Ms Adeshina's conduct by reference to 4 categories of gross misconduct set out in its disciplinary policy: bringing the Trust into "disrepute"; "serious insubordination"; "negligence"; and "verbal abuse". Following a disciplinary hearing, Ms Adeshina was summarily dismissed for gross misconduct.

Ms Adeshina brought a number of claims in the Employment Tribunal. At the Court of Appeal, she argued that her conduct was not capable of amounting to gross misconduct, and could not have justified summary dismissal.

The Court of Appeal held that the employer was entitled to view Ms Adeshina's conduct...