UNFAIR DISMISSAL: Reasonableness of Dismissal
The claimant was dismissed following an unauthorised absence from work against a background of a poor disciplinary record and during a period of suspended dismissal. His alcohol consumption was part of the context, but he did not formally admit to having a drink problem until the stage of the internal appeal against dismissal. The Tribunal found that the dismissal was procedurally and substantively fair. On an appeal in relation to the single question of whether the appeals officer should have paused the appeal process for further investigation in light of the late admission by the claimant of his alcohol dependence
Held: The material available to the Tribunal included the comprehensive findings of the appeals officer on the issue now raised. That material had been fully and satisfactorily considered by the Tribunal. It could not be said that the claimant had not been given a full opportunity to present his position on appropriate sanction. The case of Weddel and Co v Tepper [1980] IRLR 96 was of no assistance to the claimant in the circumstances of the present case, where the actings of the employer, including at the appeal stage, fell squarely within the band of reasonable responses.
Appeal dismissed.
Citations:
[2018] UKEAT 0012 – 18 – 1411
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 May 2022; Ref: scu.634377