EAT UNFAIR DISMISSAL: Reasonableness of dismissal
The issue for the Employment Tribunal was whether the Respondent was reasonably entitled on the basis of the material before it to be satisfied on the balance of probabilities that the Claimant had smacked a child in its care. Despite directing itself to the contrary, that it was not substituting its own views for those of the Respondent, that is precisely what the Employment Tribunal did. Furthermore the decision by the Employment Tribunal that the Respondent was unreasonable to have accepted the evidence of a witness it found to be honest and credible although contradicted by other evidence, was perverse.
Citations:
[2009] UKEAT 0359 – 08 – 1505
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 July 2022; Ref: scu.346164