Secretary of State for Justice v Mansfield: EAT 24 Mar 2010

EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Where an employee facing disciplinary proceedings is at the same time being investigated by the police the employer’s decision-maker has a wide discretion whether to continue or postpone the disciplinary hearing. In this case the decision to postpone could not be criticised as involving unjustifiable delay.
An Employment Tribunal had confused lack of honest belief in misconduct with lack of reasonable grounds for such belief. Lack of honest belief had not been suggested to the decision-maker who gave oral evidence before the Tribunal. As to lack of reasonable grounds, the Tribunal had fallen into the substitution mindset described by Mummery LJ in London Ambulance Service v Small.
Bean J
[2010] UKEAT 0539 – 09 – 2403
Bailii
England and Wales
Citing:
CitedLondon Ambulance Service NHS Trust v Small EAT 21-Jan-2008
EAT Unfair dismissal: Reasonableness of dismissal / Contributory fault
The Claimant, an ambulance paramedic, was summarily dismissed for gross misconduct as a result of an incident when he attended an . .

These lists may be incomplete.
Updated: 28 June 2021; Ref: scu.410579