EAT Unfair Dismissal – Reasonableness of dismissal – contributory fault
R was a nurse at a mental hospital. A patient alleged that he had met R outside the hospital and R had taken him to his home where crack had been smoked. R was subject to disciplinary proceedings and dismissed. The ET held that the employer’s investigation was not within the band of reasonable responses, that R had been unfairly dismissed and that there should be no deduction from the award. On the employer’s appeal held: The ET had not substituted its own views for that of the employer, was entitled to hold there should be no deduction from the award and had not reached perverse conclusions. Appeal dismissed.
Citations:
[2008] UKEAT 0019 – 08 – 2305
Links:
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 15 July 2022; Ref: scu.268111
