EAT UNFAIR DISMISSAL
Majority of the Tribunal found that the procedures were unfair. The investigation was inadequate and accordingly the conclusion that the employee had committed misconduct was not based on reasonable grounds. The employment judge dissented. The employer’s appeal was upheld. The EAT found that the majority had essentially substituted their view for that of the employer. There was plenty of evidence from which the employers were justified in concluding that the claimant had admitted committing the misconduct in issue. In the circumstances further investigation would have been superfluous. The conclusions of the majority were not sustainable in law.
A finding of fair dismissal was substituted.
Citations:
[2008] UKEAT 0015 – 08 – 2309
Links:
Citing:
Cited – A v B EAT 14-Nov-2002
The claimant worked as a residential social worker. Allegations were made against him of inappropriate behaviour with a child. The girl’s allegations varied. A criminal investigation took place but insufficient evidence was found. The investigation . .
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: 19 July 2022; Ref: scu.276812