The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. Given her senior position, the manager's failure to cooperate with, support or lead a change, on the grounds she disagreed with it, along with unprofessional behaviour at a meeting, were fair reason to dismiss. (Adeshina v St George's University Hospitals)
While this seems good news for employers seeking to drive through change, the decision is fact-specific and likely to be viewed as turning on the seniority of the employee and her responsibility to lead the change. A different standard may be applied to more junior employees.
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