EAT Contract of Employment – Wrongful dismissal,br />Unfair Dismissal – Constructive dismissal,br />Disability Discrimination – Reasonable Adjustment
Unfair dismissal and disability discrimination. Claimant aggrieved at Respondents’ failure to dismiss a fellow employee who assaulted him and resigned, claiming unfair constructive dismissal and disability discrimination (for failure to dismiss fellow employee as a reasonable adjustment). Tribunal held that the decision not to dismiss was within the range of reasonable responses open to the Respondents and rejected the claim.
On appeal, it was held that the range of reasonable responses test was relevant in the circumstances and tribunal’s decision upheld.
Judges:
The Honourable Lady Smith
Citations:
[2007] UKEAT 0099 – 06 – 1201, UKEAT/0099/06
Links:
Jurisdiction:
England and Wales
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.247780
