EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal. The Appellant was the employer of both Respondents. The Appellant dismissed both employees, arguing that they had committed gross misconduct in their treatment of service users in their care. The Employment Tribunal found that the dismissals were unfair. The Appellant argued that the Employment Tribunal had substituted its own view for that of the employer. Held, the Employment Tribunal had come to a decision to which it was entitled to come and had therefore not erred in law. While the ET appeared to have come near to substitution, it had not done so. Appeal dismissed.
Lady Stacey
[2013] UKEAT 0513 – 12 – 2503
Bailii
England and Wales
Employment
Updated: 02 December 2021; Ref: scu.523169