EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal – misconduct. Tribunal found that dismissal of care worker unfair where one incident of misconduct was admitted and there was what they referred to as uncorroborated evidence regarding another incident – that lack of corroboration meant that the employer did not have sufficient grounds for their belief that the misconduct occurred, the first incident did not, on its own, justify dismissal, the second incident on its own did not in any event justify dismissal, there was no indication of how the dismissing executive had weighed the evidence, and the appeal panel had taken account of new matters and did not carry out further enquiry. On appeal, Tribunal’s finding reversed. Submission accepted that the Tribunal had misunderstood and misapplied the facts so as to reach a conclusion which no properly directed Tribunal could have reached. There was circumstantial evidence to support the direct evidence regarding the first incident and sufficient evidence as a whole to justify the employer’s belief that the Claimant was guilty of gross misconduct. Dismissal was within the range of reasonable responses in all the circumstances. Judgment of Employment Tribunal reversed.
Citations:
[2011] UKEAT 0031 – 10 – 0302
Links:
Employment
Updated: 03 September 2022; Ref: scu.430453