UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
UNFAIR DISMISSAL – Contributory fault
UNFAIR DISMISSAL – Reasonableness of dismissal
UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
The Appeal Tribunal allowed the employer’s appeal against the conclusion that the employee had been unfairly dismissed, and remitted the claim to the Employment Tribunal for reconsideration.
The Employment Tribunal had taken a correct approach to deciding whether or not the employee had committed acts of gross misconduct. Whether such conduct had occurred was a question of fact on which (absent any provision to the contrary in the contract of employment) the Tribunal had to reach its own conclusion. However, the Tribunal had incorrectly assumed that if the employer had not been entitled to dismiss summarily, it necessarily followed that the decision to dismiss was unfair for the purposes of section 98(4) of the Employment Rights Act 1996. That was wrong. So far as concerned the unfair dismissal claim, the Employment Tribunal had also failed properly to identify the employer’s reason for dismissal.
On that basis, the unfair dismissal claim, would be remitted for further consideration. On the remittal, it would be open to the Employment Tribunal to consider all points on the unfair dismissal claim, including any issues going to procedural fairness and (if necessary) the appropriateness of any contributory fault reduction to compensation.
Citations:
[2018] UKEAT 0151 – 18 – 1112
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 June 2022; Ref: scu.634380