EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
On remission of this unfair dismissal case, a second Tribunal found the reason for dismissal was loss of andpound;3000 in cash. But the evidence from the manager who dismissed the Claimant was that she believed she had stolen it. This dishonesty was never put to the Claimant and the finding of fair dismissal was set aside, applying Strouthos v LUL.
Since the Step 1 letter did not mention theft, it did not comply with the 2002 Act regime.
At the parties’ invitation the EAT found the reason for dismissal was theft and it was unfair for the above reasons. Remitted to the same Employment Tribunal to decide remedy ie Polkey and contribution.
Citations:
[2010] UKEAT 0032 – 10 – 2807
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 August 2022; Ref: scu.425007
