EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason
PRACTICE AND PROCEDURE – Appellate jurisdiction / reasons / Burns-Barke
The Appellant was employed as a bus driver by the First Respondent. Her driving was considered to be below an acceptable standard and she was instructed to arrange to have a driving assessment at the First Respondent’s in-house training centre. She repeatedly refused to comply with the instruction and was dismissed for gross misconduct. She appealed against her dismissal. The appeal hearing was adjourned in order for her to attend the training centre. Ultimately she did attend and was required to attend corrective training. Following the corrective training she took an assessment, which she failed. The appeal was reconvened. The only reason that appeared to have been given for the dismissal of the appeal was that she failed to display a satisfactory driving standard and that her dismissal was in the interest of public safety.
The Employment Tribunal dismissed her claim for unfair dismissal on the ground that she repeatedly refused to attend the training school and that the penalty of dismissal lay within the band of reasonable responses a reasonable employer might have adopted.
The Employment Appeal Tribunal allowed her appeal and remitted the case to the Employment Tribunal on the ground that the Employment Tribunal erred in failing to make proper findings as to: (1) the reason(s) for the dismissal of the appeal, and (2) the reason(s) for and reasonableness of the Appellant’s dismissal by reference to that or those reasons.
Supperstone J
[2015] UKEAT 0434 – 14 – 1703
Bailii
England and Wales
Employment
Updated: 30 December 2021; Ref: scu.546433