EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Appeal by employee against Employment Tribunal’s finding (majority decision) that claims of unfair and wrongful dismissal fail. Teacher dismissed for gross misconduct, namely assaulting a pupil. ET found to have erred in its factual findings. ET failed to appreciate what was at all times in dispute on the critical issue of what the employee had done. Appeal allowed. Matter remitted for re-hearing before fresh Tribunal.
Judges:
Supperstone J
Citations:
[2012] UKEAT 0071 – 12 – 1007
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Nugent Care v Boardman EAT 25-May-2010
EAT Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
Appeal by employers and cross-appeal by employee against Employment Tribunal’s finding of unfair dismissal for gross . .
Cited – British Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
Cited – Salford Royal NHS Foundation Trust v Roldan CA 13-May-2010
The employee appealed against the reversal by the EAT of her successful claim for unfair dismissal. She had been dismissed for alleged gross misconduct in disrespectful treatment of a patient. She said that investigation had been procedurally . .
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Salford Royal NHS Foundation Trust v Roldan CA 13-May-2010
The employee appealed against the reversal by the EAT of her successful claim for unfair dismissal. She had been dismissed for alleged gross misconduct in disrespectful treatment of a patient. She said that investigation had been procedurally . .
Cited by:
Appeal from – Clarence High School and Another v Boardman CA 15-Mar-2013
The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt.
Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 03 November 2022; Ref: scu.462441