The council appealed a finding that the claimant had been unfairly dismissed. He worked in the Cleansing Department, but took on additional private work in refuge disposal in breach of his contract. A co-worker who had done the same was not dismissed because of his exemplary record.
Held: The appeal succeeded. The tribunal, when considering the two employees had not ‘asked itself whether the distinction made between the two cases by [the employer] was irrational’.
Judges:
Clark P J
Citations:
[1995] UKEAT 1098 – 94 – 0211, [1996] IRLR 256
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Securicor Ltd v Smith CA 1989
When the tribunal looks at the decision by the employer to dismiss, it should ask not what its own opinion was but whether the employers response was within the band of reasonable responses open to in acting on its findings. Where two employees are . .
Cited by:
Cited – Cunningham v Oaklands College EAT 6-Nov-2003
. .
Cited – Epstein v Royal Borough of Windsor and Maidenhead EAT 15-Nov-2007
EAT Unfair dismissal – Reasonableness of dismissal
Dismissal by Employment Tribunal of Appellant lifeguard’s claim for unfair dismissal challenged, because the Tribunal is said to have erred in not . .
Cited – Strouthos v London Underground Ltd CA 18-Mar-2004
The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits.
Held: ‘It is a basic proposition, whether in criminal or . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 13 November 2022; Ref: scu.209508