EAT Unfair Dismissal:
Reasonableness of dismissal / Contributory fault / Constructive dismissal
The Claimant was dismissed for misconduct, namely pretending that he was unfit to return to work when video footage showed that he was not so unfit. The Employment Tribunal found that the dismissal was unfair. The Respondent’s appeal was allowed; the Employment Tribunal had erred in law in:
(1) omitting to refer to the full investigatory meeting before suspension and concluding that the Respondent had a ‘mindset’ to dismiss because they had gone straight from receiving a tip off about the Claimant to suspension; on the evidence they had not done so.
(2) criticising the Respondents for not taking a statement from the informant when, on the evidence, the tip off was no more than a trigger for their investigations.Mbr />(3) criticising the Respondents in relation to the medical evidence on a false basis of fact.
(4) failing in the light of Taylor v OCS Group, to consider the effect of the internal appeal hearing.
Remitted for rehearing by fresh Tribunal.
Judges:
Burke QC J
Citations:
[2007] UKEAT 0053 – 07 – 2206
Links:
Citing:
Cited – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady.
Held: It . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 July 2022; Ref: scu.259805
