Unfair Dismissal: The Claimant appealed against the ET’s dismissal of his claim for unfair dismissal. The Claimant had been dismissed for gross misconduct. The ET found that the Respondent had a genuine belief in the misconduct, which had been reached as a result of fair and reasonable investigation and disciplinary process. The Appellant appealed on the basis that the ET failed to address three central points. Appeal dismissed. The Reasons complied with r.62(5) ET Rules, the guidance in Greenwood and the authorities referred to therein. The ET was not obliged to deal with every point raised by the parties. None of the three points could have been material and the ET was entitled to reach a conclusion in the round without specifically referring to them.
Wrongful Dismissal: The ET failed to deal with the claim at all in its Judgment and Reasons. Appeal allowed by consent, remitted to the same ET if possible.
[2020] UKEAT 0256 – 19 – 0502
Bailii
England and Wales
Employment
Updated: 12 November 2021; Ref: scu.653260