EAT UNFAIR DISMISSAL – Reasonableness of dimissal
These three cases were heard together. In two of the cases (Arriva Trains Wales v Ms F Conant and Yellow Pages Sales Limited v Mr R Walsh) the issue is whether the Employment Tribunal erred in law by substituting its own views on the fairness of the dismissal for those of the employer. The majority decision of the Employment Tribunal in those cases was that the Claimant was unfairly dismissed. In the third case (Mrs S Harber v Kelly Residential Limited t/a Portland Nursing Home) the Claimant appealed against the decision of an Employment Tribunal that she was fairly dismissed.
The approach to be adopted by an Employment Tribunal and also by appellate bodies when reviewing the decision of an employer who has dismissed an employee for misconduct has been considered by the Court of Appeal on a number of occasions, most recently in Brent London Borough Council v Fuller [2011] ICR 806.
Applying the principles set out in Fuller the appeals in these three cases all fail.
Judges:
Supperstone J
Citations:
[2011] UKEAT 0043 – 11 – 2211
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 November 2022; Ref: scu.460380