EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
The Appellant sought to argue that an Employment Tribunal should not have found his dismissal for misconduct fair where (first) he had not been able to demonstrate his innocence since his employer’s delay meant that internal IT records which might have substantiated his case were no longer available, and (second) that if the disciplinary procedure applicable to a TU representative (which he was) had been applied the practical consequence would probably have been that his divisional representative would have secured the IT documentation before the expiry of the period during which IT records were kept. This appeal was dismissed, since he had not argued either point before the Tribunal, and the Tribunal was not obviously wrong to come to the conclusion that overall the employer’s disciplinary process had been fair, after a reasonable investigation.
Judges:
Langstaff J
Citations:
[2011] UKEAT 0055 – 11 – 2405
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 September 2022; Ref: scu.442768