NEWS & RESOURCES

Case Law Update – Petrofac Offshore Management Ltd v Mr D C Wilson

Petrofac Offshore Management Ltd v Mr D C Wilson considers whether a gross misconduct dismissal may be unfair if the employee has previously received a disciplinary warning in respect of the same offence. In most cases, a one off act of gross misconduct would result in dismissal, but in some exceptional circumstances you may wish to take a step back and give a final written warning, with the proviso that any repetition would result in dismissal.

Mr Wilson was employed by Petrofac but worked on an oil rig operated by Maersk. The latter introduced a process called “Competent Personal Profile” (CPP) which required the crew working on the rig to complete paperwork that demonstrated their competence. Petrofac incorporated this requirement into their contractual handbook. Mr Wilson thought that CPP was not a good process and, unlike other staff, refused to comply with it. He was told that he must comply or would be deemed to be failing to obey a reasonable instruction. The disciplinary procedure was clear that this was a gross misconduct offence which may result in summary dismissal. Clear targets were set for him to complete the CPP. When he failed to meet the first of these, he was given a final written warning and told that he must meet the second deadline, otherwise further disciplinary action could result in his dismissal. Despite this, he still did not complete any of his CPP. He was summarily dismissed and appealed against this, unsuccessfully, and so brought a tribunal claim.

The tribunal had to consider whether he should have been dismissed with notice (given that he had previously received a final written warning for the same offence), or whether his behaviour constituted gross misconduct as per the disciplinary procedure. The tribunal members’ views differed on this: the judge thought that he had wilfully refused to comply with a reasonable management instruction and that constituted gross misconduct; the lay members felt that he should have been given his notice as he had been given a previous final written warning and he had not been expressly warned that his non-compliance would be gross misconduct and could result in his summary dismissal. On appeal, the Employment Appeals Tribunal agreed with the judge. Mr Wilson had persistently and deliberately failed to follow a reasonable management instruction – this was gross misconduct. Whilst the disciplinary procedure provided that gross misconduct could result in summary dismissal, the employer was not obliged to dismiss. Mr Wilson was a long-serving employee, so it was fair to give him a further chance to comply by giving a warning instead, but that should not prevent a summary dismissal if he continued to do so. The EAT overturned the finding of wrongful dismissal and the award of damages.

LEARNING POINTS

This is an interesting case which serves to remind employers that they are not obliged to dismiss an employee without notice if they commit an act which is listed as a gross misconduct offence and that they may choose a more appropriate outcome – which may not necessarily prohibit them from doing so in the future. However, it is imperative to note that the outcome of this case hinged on the circumstances, particularly the employee’s substantial length of service and thus what was fair in the particular situation. Consistency in approach is usually key to issuing a safe outcome.

WE’RE HERE TO HELP

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

Request a Call from an HR Advisor

Our expert HR Advisors are here to assist you. To schedule a complimentary 30-minute call, please complete the form below. One of our advisors will reach out within 24 hours to either conduct the consultation or arrange a suitable time.

SIGN-UP FOR UPDATES

Receive all the latest industry insights, expert tips and exciting updates from HR Solutions, straight to your inbox.

Strategic HR thinking whitepaper

Our latest HR whitepaper offers an in-depth analysis and strategic framework aimed at transforming Human Resources into a pivotal element of business success in the rapidly evolving corporate environment of 2024.

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

var iframe = document.getElementById('pageurl-general-popup-6'); iframe.src = iframe.src + "?Form_Completion_Page=" + window.location.pathname + "&" + window.location.search.substr(1);

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.