The British Waterways Board (T/A Scottish Canals) v Smith: EAT 3 Aug 2015

EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal. The ET found that the employee had been unfairly dismissed following the employer finding his Facebook entries about drinking when on standby, and about his offensive views of colleagues.
Held: appeal allowed, and a finding that dismissal was not unfair made. The ET had substituted its own views for that of the employer. On the facts found that the entries were made, that a reasonable investigation followed, that the employer lost confidence in the employee, and that a fair procedure was followed, the only decision that an ET properly directing itself could make was that dismissal was not unfair.

Lady Stacey Hon
[2015] UKEAT 0004 – 15 – 0308
Bailii
England and Wales

Employment, Scotland

Updated: 03 January 2022; Ref: scu.551017