EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Reasonableness of dismissal
The Employment Tribunal had found that the dismissal of the Claimant had been for a reason related to his conduct. Its findings as to the facts operative on the Respondent’s mind (at each stage of the disciplinary process), however, did not include those matters which the Employment Tribunal itself considered significant and which it found would render the dismissal fair. It did not make that finding in respect of the matters it had found had been relied on by the Respondent. In those circumstances, the Employment Tribunal had substituted its view of the (fair) reason for the dismissal for that it found operative on the Respondent’s mind. That inevitably tainted its conclusion as to the question of the fairness of the dismissal more generally and rendered its Judgment unsafe.
Alternatively, the Employment Tribunal had not fully considered all matters relating to the question of fairness in the light of the matters it had found would constitute a fair reason for the dismissal.
These criticisms of the Employment Tribunal’s conclusions further undermined its alternative findings on contributory fault and Polkey.
The appeal would be allowed on all bases; the Employment Tribunal’s Judgment could not stand and the case would need to be considered afresh. In the circumstances, this should be before a different Employment Tribunal.
Eady QC HHJ
[2015] UKEAT 0080 – 15 – 0707
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.552420