A v B: EAT 28 Jan 2010

EAT UNFAIR DISMISSAL – Reasonableness of dismissal
WRONGFUL DISMISSAL
Employee dismissed because of police ‘disclosure’ that he had been engaged in paedophile activity in Cambodia, notwithstanding his acquittal by a Cambodian court, and that he posed a continuing risk to children.
Held:
(1) That the employer, which had not accepted the disclosure uncritically and had taken reasonable steps to assess its reliability, had been entitled to treat the information as reliable and to dismiss the Claimant on the basis of it in order to avoid potential reputational damage, even though he did not work with children.
(2) That the Tribunal had been entitled to hold that lack of candour on the part of the Claimant in telling the Respondent the allegations against him constituted a sufficiently serious breach of contract to justify his summary dismissal.

Judges:

Underhill J P

Citations:

[2010] UKEAT 0206 – 09 – 2801, [2010] IRLR 844, [2010] ICR 849

Links:

Bailii

Employment

Updated: 14 August 2022; Ref: scu.402559