Bernard Matthews Ltd v Mack: EAT 29 Jul 2005

EAT Unfair Dismissal – Reasonableness of dismissal. – Appellant dismissed Respondent for alleged breaches of his managerial duty and/or aiding and abetting fraud. Employment Tribunal held the dismissal process was unfair, his breach of managerial duties was small and it had no proper reason to believe him guilty of aiding and abetting fraud. It further held that in relation to the alleged breach of managerial duty the employer had no genuine belief in the existence of the breach. Appellant appealed asserting the Employment Tribunal had failed to give adequate reasons as to why it had disregarded an apparent confession.
Held: the Employment Tribunal held there had been no such confession and had given adequate reasons for so holding. Appeal dismissed.

Judges:

His Honour Judge J R Reid QC

Citations:

[2005] UKEAT 0177 – 05 – 2907, UKEAT/0177/05

Links:

Bailii, EAT

Employment

Updated: 01 July 2022; Ref: scu.229189