EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal. Misconduct. Employee who drank an alcoholic drink outwith workplace but during working hours dismissed for misconduct. Employer had a Disciplinary Policy which provided that being under the influence of alcohol during working hours was gross misconduct which could lead to summary dismissal and a Drugs/Alcohol policy which provided that consumption of alcohol or being under the influence of alcohol while performing company business or in the workplace was prohibited and could lead to disciplinary action up to and including dismissal including for a first offence. Employee unaware of Drugs/Alcohol policy. Majority decision of Employment Tribunal that dismissal unfair because dismissal based on a policy of which he was unaware and which was also confusing. Appeal based on the reasoning of the minority that it was reasonable for the employer to conclude the employee was aware of the policy refused and finding of unfair dismissal upheld.
Citations:
[2011] UKEAT 0039 – 10 – 0202
Links:
Employment
Updated: 03 September 2022; Ref: scu.430303