EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Appeal from a finding of unfair dismissal allowed. The Employment Tribunal had failed to give adequate reasons for its decision. Further the Employment Tribunal erred in holding that the burden of proof rested on the employer to show reasonable grounds for its belief in the Claimant’s misconduct based on a reasonable investigation. It failed to note that since the decision in British Home Stores v Burchell [1978] IRLR 379 the unfair dismissal legislation has been amended so that the burden of proof on the issue of the reasonableness of the dismissal is neutral (Sheffield Health and Social Care NHS Foundation Trust v Crabtree UKEAT/0331/09).
Citations:
[2010] UKEAT 0485 – 09 – 1606
Links:
Employment
Updated: 22 August 2022; Ref: scu.421382