Unfair Dismissal : Reasonableness of Dismissal – The Employment Tribunal found the Respondent’s complaints of unfair dismissal and breach of contract to be well founded. The Appellant’s primary ground of appeal that the Employment Tribunal substituted its own view for that of the Appellant failed, as did the contention that the Employment Tribunal reached a perverse decision. The Employment Tribunal misapplied the decision in Ramphal v Department for Transport [2015] IRLR 985 and it is not clear from the Decision whether the Employment Tribunal accepted that physical violence amounted to gross misconduct for the purposes of the Appellant’s disciplinary procedure. The Employment Appeal Tribunal dismissed the unfair dismissal appeal: physical violence amounted to gross misconduct under the Appellant’s disciplinary procedures, but the Appellant failed to have regard to all the surrounding circumstances and the Claimant’s exemplary disciplinary record over 42 years. The appeal against the breach of contract claim was also dismissed.
Citations:
[2016] UKEAT 0170 – 16 – 1511
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 January 2022; Ref: scu.573468