EAT Unfair Dismissal – The Employment Tribunal was not wrong in law, or perverse, or in breach of Article 8 to conclude that, in all the circumstances described by the ET, the Respondent decision taker was reasonable in holding a genuine belief that the Appellant’s failure to disclose to her employer the fact of her relationship with a convicted sex offender was gross misconduct.
Arising out of that, the finding of the ET that the dismissal was unfair was correctly limited to the circumstances of the internal appeal procedure and the findings under ‘Polkey’ and by way of contribution could not be faulted.
Wilkie J
[2014] UKEAT 0409 – 13 – 2002
Bailii
England and Wales
Cited by:
Appeal from – A v B Local Authority and Another CA 19-Jul-2016
The appellant was a head teacher at a primary school, of which the second respondent was the governing body, until she was summarily dismissed for gross misconduct in May 2011. The reason for her dismissal was that she had failed to reveal to the . .
At EAT – Reilly v Sandwell Metropolitan Borough Council SC 14-Mar-2018
Burchell case remains good law
The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal.
Held: The appeal was dismissed. The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 December 2021; Ref: scu.526973