EAT UNFAIR DISMISSAL – Reasonableness of dismissal
UNLAWFUL DEDUCTION FROM WAGES
The Appellant, a solicitor, was employed under a contract of employment that contained a bonus entitlement. He was dismissed on grounds that he claimed bonuses to which he was not entitled. The ET dismissed his claims for unfair dismissal, unlawful deduction of wages and breach of contract. The issue before the EAT was whether the Respondent had reasonable grounds for its belief that the Appellant was guilty of gross misconduct. The EAT was satisfied that it was so entitled. Accordingly the appeal against the dismissal of the unfair dismissal complaint failed. The EAT further held that if the Appellant had a good claim for bonus, which he did not, it would have to be brought as a claim for breach of contract as his loss, if any, was very difficult to quantify (see Coors Brewers Ltd v Adcock [2007] ICR 983). In fact there was no loss.
Supperstone J
[2014] UKEAT 0198 – 13 – 1104
Bailii
England and Wales
Employment
Updated: 22 December 2021; Ref: scu.537749
