EAT UNFAIR DISMISSAL – Reasonableness of dismissal
UNFAIR DISMISSAL – Reinstatement/re-engagement
The central issue for the Employment Tribunal in circumstances where serious misconduct was admitted and the disciplinary process was reasonable and fair was whether dismissal was a reasonable sanction in the particular case.
On that question the Employment Judge relied on a matter that was unsupported by any evidence and not true as a matter of fact; and on factors that were not relied on as relevant by either party and were not explored in evidence or submissions. These features were material to the decision that dismissal was outside the range of reasonable responses, and the Employment Appeal Tribunal had no sufficient confidence that the outcome would have been the same had they been properly addressed. The appeal was therefore allowed.
Separately, the reinstatement order was flawed for similar reasons. Factors relied on by the Employment Judge to conclude that reinstatement was practical and just notwithstanding the finding of significant contributory conduct (assessed at 75 per cent) were not raised by the Employment Judge and/or were not a permissible option on the evidence.
Simler DBE P J
[2016] UKEAT 0343 – 15 – 1406, [2016] UKEAT 0343 – 15 – 1506
Bailii, Bailii
England and Wales
Employment
Updated: 25 January 2022; Ref: scu.570972