UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996
The Claimant was dismissed for a reason relating to his conduct arising from an incident outside work, which had led to his arrest and in respect of which he then faced criminal charges. In pursuing his complaint of unfair dismissal, he raised concerns that information regarding his arrest had been passed to the Respondent by the police – part of a practice of information-sharing between law enforcement agencies – when this was (he contended) in breach of the Data Protection Act 1998. He also complained of the Respondent’s refusal to defer the internal disciplinary process pending the determination of the criminal proceedings notwithstanding the Claimant’s inability (on legal advice) to participate, given that information regarding the internal process would be forwarded to the police by the Respondent as part of the same information-sharing practice. The ET dismissed the claim, finding the Respondent had been entitled to conclude that no issue arose from the sharing of information with the police – the Respondent having investigated the point further to the extent reasonably required given how it had been raised by the Claimant and the evidence being that this was in accord with normal practice. It was also satisfied that the Respondent’s decision not to defer the internal process had fallen within the range of reasonable responses in the circumstances of the case. The Claimant appealed.
Held: allowing the appeal in part
Given the way in which the point had been raised with the Respondent and the steps it had then taken to investigate the Claimant’s concerns, the ET had permissibly concluded that the conduct of the investigation into the issues raised regarding the sharing of information with the police had fallen within the range of reasonable responses and was not unfair.
As for the decision to proceed with the internal disciplinary process, however, it was unclear whether the ET had regard to the point raised by the Claimant relating to the particular practice of information-sharing as between the Respondent and the police and as to how that might prejudice his ability to participate in the internal process when facing on-going criminal proceedings. This was a relevant factor and the ET’s apparent failure to engage with it rendered its conclusion on this point unsafe; it would need to be remitted for reconsideration
Judges:
Eady QC HHJ
Citations:
[2017] UKEAT 0016 – 17 – 1606
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 March 2022; Ref: scu.590531
