A Personal Perspective on Employment Law

A Blog to be enjoyed by Human Resources Professionals, Employment Solicitors and Barristers and anyone else
who is interested in the world of employment law.









Monday, 2 April 2012

How Cardiff Blues Tackled Henson

Welsh rugby international Gavin Henson was dismissed by his employers Cardiff Blues today following his misbehaving on a plane from Glasgow to Cardiff last Saturday morning. There has been plenty of comment in the rugby press about his departure (one that was particularly good was by Brian Moore); however, from an employers’ point of view how easy was it for the Blues to sack Henson?

The reality was that it was fairly easy for the club to do this. Henson was travelling back from Glasgow having played for the Blues the previous evening. He was in all likelihood travelling back with the rest of the squad on a flight paid for by the club. If this was the case it can easily be argued that at the time of the incident he was “on duty” with Cardiff. I would also be very surprised if there was not a clause in his contract that said he should not do anything that would bring the club’s name into disrepute.

By misbehaving on the flight in such circumstances, Henson had created the perfect storm for himself making it very easy for the club to dismiss him on the grounds of gross misconduct. Henson’s best argument may have been that his behaviour on the plane had not amounted to gross misconduct; however, while what did or did not happen on the plane may have be open to speculation, Henson publicly apologised for his actions indicating that his misbehaviour was serious in nature. Further, Henson being banned by Flybe for six months would not help this argument.

In any event, Henson had only been with the Blues since the start of this season meaning that he did not have the one years’ service (two years from 6 April 2012) required to make a claim of unfair dismissal. He could still claim wrongful dismissal but if successful that would only entitle him to the monies that he would have received had he been given the notice that he was entitled to under his contract.

In reality Henson is unlikely to be making a claim against the Blues and instead will be getting his agent to start contacting potential employers. Maybe we will see him on I’m a Celebrity …..  

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