EAT Contract of Employment : Damages for Breach of Contract – UNFAIR DISMISSAL – There were two issues before the Employment Tribunal: whether the Claimant had been unfairly dismissed, and whether he had broken his contract with the Respondent so that the Respondent could succeed on a contractual claim for its loss. He was genuinely thought by the Respondent, on reasonable grounds, to have diverted the Respondent’s property and labour when that was used to build a porch for another employee without the Respondent’s knowledge and permission, and, having chosen not to participate in a disciplinary hearing, was held dismissed by a fair process after reasonable investigation. The Employment Tribunal then concluded, (without acknowledging that a different test applied, i.e that it had itself to decide if the Claimant had actually done what was alleged, rather than merely asked what the Respondent had reasonably thought he had) that the Claimant had broken his contract. The wrong test was in fact applied; there was insufficient evidence of breach and the appeal against the contractual decision was allowed.
Langstaff P J
[2014] UKEAT 0199 – 13 – 2801
Bailii
England and Wales
Employment
Updated: 02 December 2021; Ref: scu.523396