EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Reasonableness of dismissal
The Tribunal did not apply section 98(4) correctly. It should have reviewed the employer’s grounds for reaching the factual conclusions which the employer reached, and asked whether by the objective standards of the reasonable employer the employer had reasonable grounds for its conclusions. The Tribunal did not engage in that exercise: it said only that ‘it could not see the evidence’ for the employer’s conclusions, notwithstanding that the employer had given detailed and careful reasons for those conclusions.
David Richardson J
[2012] UKEAT 0638 – 11 – 2908
Bailii
England and Wales
Employment
Updated: 02 November 2021; Ref: scu.464400