EAT Unfair Dismissal : Procedural Fairness or Automatically Unfair Dismissal – The Employment Judge failed to follow the case law on gross misconduct notably Orr v Milton Keynes Council [2011] ICR 704 at paragraph 78 per Aikens LJ with the result that he substituted his decision on the disciplinary hearing and the appeal for that of the employer. Appeal allowed on the ground for unfair and wrongful dismissal.
Appeal on remedies dismissed. The result was a fair dismissal.
Birtles J
[2014] UKEAT 0454 – 13 – 1508
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.536002