EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal upheld the employer’s case on BHS v Burchell (despite wrongly imposing the burden of proof on it) but found the gross misconduct dismissal unfair under Iceland for this global employer did not take up the claim that, as the Claimant had a history of mental illness, occupational health advice be sought. Applying Fuller, Bowater and Arriva the appeal was dismissed.
Judges:
McMullen QC
Citations:
[2012] UKEAT 0554 – 11 – 1604
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.461852