EAT Unfair Dismissal: Reasonableness of Dismissal – The Employment Judge’s reasons for finding the Claimant’s dismissal on grounds of conduct to be unfair evinced a substitutionary mindset: rather than review the Respondent’s findings and reasons, applying the test of the hypothetical reasonable employer, he started from his own strong and repeatedly expressed view on a key issue of fact. This incorrect approach affected his conclusions both as to the Respondent’s findings of fact and investigation. Appeal allowed; case remitted for re-hearing.
David Richardson HHJ
[2015] UKEAT 0124 – 14 – 1009
Bailii
England and Wales
Employment
Updated: 06 January 2022; Ref: scu.554878
