EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Having made findings of fact relevant to the wrongful dismissal case before her, the Employment Judge drew on those findings in determining the unfair dismissal claim. In so doing, she substituted her own view as to whether the Claimant was guilty of the alleged misconduct for which he was dismissed rather than considering whether the Respondent had reasonable grounds for such belief. She further substituted her view as to the appropriate sanction when she found that dismissal fell outside the range of reasonable responses and that a written or final written warning would have been an appropriate sanction. In the circumstances, the conclusion that the Claimant had been unfairly dismissed was unsafe.
Appeal allowed; unfair dismissal claim remitted to a differently constituted Employment Tribunal.
On the Respondent’s application for costs under Rule 34A(2)(a) Employment Appeal Tribunal Rules 1993 (as amended), allowing that the Employment Appeal Tribunal was given a broad discretion whether to make such an award, here it was relevant that the Notice of Appeal had included a challenge on the ground of perversity that was not pursued at the hearing. Further, whilst the Respondent had succeeded on the grounds pursued, the Claimant was of limited means and might have been eligible for fee remission had he been the Appellant. In the circumstances, no costs order made.
Eady QC HHJ
[2014] UKEAT 0243 – 14 – 2411
Bailii
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.541959
