EAT Unfair Dismissal : Claimant dismissed for behaviour in a bar while drinking with clients. She apologised to the clients the following morning. The Employment Tribunal dismissed claims of (a) unfair dismissal and (b) wrongful dismissal. Appeal allowed on the grounds that (a) contrary to the Tribunal’s finding there were serious disputes of fact which the disciplinary hearing and the appeal did not attempt to resolve (b) the Tribunal wrongly discounted the pressure brought by the Respondent’s chairman and majority shareholder for the Claimant to be dismissed (c) there was no attempt to address the third limb of Burchell except by assertion.
Judges:
Birtles J
Citations:
[2012] UKEAT 0149 – 11 – 1403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 October 2022; Ref: scu.452339