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Clarke v Trimoco Motor Group Ltd and Another: EAT 30 Oct 1992

The claimant had been dismissed for dishonesty.
Held: A grievance procedure is not equivalent to or a substitute for a disciplinary hearing, at which the employee is provided with an opportunity to explain. The two procedures are significantly different in kind. The requirements of natural justice, encompassed the need for the person accused to know the nature of the accusation made, and to be given an opportunity to state his case; and the need for the tribunal to act in good faith.

Judges:

Knox J

Citations:

[1992] UKEAT 584 – 90 – 3010, [1993] IRLR 148

Links:

Bailii

Cited by:

CitedBashir and Another v Sheffield Teaching Hospital NHS Foundation Trust EAT 27-May-2010
EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Procedural fairness/automatically unfair dismissal
The Appellants appealed against the Tribunal’s decision that their . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 19 June 2022; Ref: scu.211092

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