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 was £200,000 per annum, terminable on 12 months’ notice. The
