James Reilly (“the employee”) was initially suspended and then dismissed for gross misconduct following detection of inappropriate emails in his mailbox.

The employee was regarded as excellent, with an exemplary record, diligent and hard-working.

Bank of Ireland (“the employer”) was notified by the ESB’s security manager (as it is described in the Judgement) of inappropriate emails from a number of the employer’s employees with attached images on 5 February 2009. Steps were taken to “lift” the particular email accounts. Arising from those steps, this employee’s email account was “lifted” on 17th February 2009.

The following day, the employee was suspended and put on special paid leave with immediate effect. He was told there was an issue with emails, but