EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
Honda appealed a finding of unfair dismissal. There was a cross appeal from the failure of the Employment Tribunal to make a compensatory award. The Claimant was summarily dismissed for gross misconduct. The Claimant faced two charges: fraud in using a company credit card and making inconsistent statements about what the card was used for. The Claimant was dismissed on these charges. On appeal the dismissal was upheld but the ET Reasons were internally inconsistent as to whether the decision to dismiss was upheld for making misleading statements and for fraud or for making such statements and for breach of company credit card rules but not fraud. On a fair reading of the Reasons the finding by the ET as to the reason for dismissal could not be identified. There were other errors in the Reasons including substitution: the ET said that they did not believe the Claimant had been fraudulent. Appeal allowed because the ET failed to make a finding as to the reason for the dismissal. The Reasons did not begin to comply with English v Emery Reimbold and Strick Ltd [2003] IRLR 710. Cross appeal academic. Case remitted for rehearing to a differently constituted ET.
Judges:
Slade J
Citations:
[2011] UKEAT 0264 – 10 – 0302
Links:
Employment
Updated: 03 September 2022; Ref: scu.430531