UNFAIR DISMISSAL – Contributory fault
CONTRACT OF EMPLOYMENT – Wrongful dismissal
The Employment Judge assessed the Respondent’s genuine belief in the Claimant’s misconduct by reference to capability considerations that were irrelevant and impermissibly substituted his own view. Further, having concluded that the Claimant exaggerated the effects of his injury and the accident, and that this was culpable and misleading, it was perverse for the Employment Judge to hold that the dismissal was unfair and wrongful.
The conclusion that the Claimant contributed to his dismissal by reference to his culpable and misleading exaggeration of the effects of the accident and injury was open on the evidence and findings and not in error of law.
Other matters raised by appeal and cross-appeal were rendered academic by those conclusions.
Simler DBE J
[2015] UKEAT 0295 – 15 – 0312
Bailii
England and Wales
Employment
Updated: 17 January 2022; Ref: scu.565089