The applicant had worked for the respondent for many years. He was alleged to have been involved in a fight on the premises, and under the applicable policy, this was gross misconduct. He was dismissed, and appealed a finding against his unfair dismissal claim.
Held: The test was did the employer believe that the conduct had taken place, was that belief reasonable, after a proper and reasonable investigation, and was it reasonable to dismiss having regard to the gravity of the misconduct which the employer believed had occurred? The tribunal and employer had properly looked at the differences between the two employees concerned. The appeal failed.
EAT Unfair Dismissal – Reason for Dismissal
Judges:
Sir Christopher Bellamy QC
Citations:
EAT/142/00, EAT/142/00
Links:
Citing:
Cited – British Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
Cited – Weddel and Company v Tepper CA 1980
Whether employer’s belief in employee’s misconduct was reasonable. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 28 April 2022; Ref: scu.168334