Kenyon Road Haulage Ltd v Kingston: EAT 2 Sep 2014

EAT Unfair Dismissal : Reasonableness of Dismissal – Procedural fairness / automatically unfair dismissal
The Respondent had dismissed the Claimant following an investigation and a disciplinary hearing. The conduct which the Respondent stated was the reason for dismissal consisted of selling scrap metal generated by work at the Respondent’s garage and dividing the money obtained among workers, including the Claimant. The Claimant stated that he had done so for years and thought that the management knew and approved. The Employment Tribunal held that the Respondent did not have a genuinely held belief that the Claimant had committed gross misconduct and had not carried out reasonable investigation. It also held that there was procedural failure, by not making clear what the allegations were.
Held: The Employment Tribunal did not err in law. It was entitled to come to its view and explained sufficiently why it had done so. Appeal dismissed

Hon Lady Stacey
[2014] UKEAT 0126 – 14 – 0209
Bailii
England and Wales

Employment

Updated: 21 December 2021; Ref: scu.537102