PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
UNFAIR DISMISSAL – Reasonableness of dismissal
The Claimant, a long-standing pub worker, was dismissed after an investigation and disciplinary hearing based on an allegation of theft. The Employment Judge did not set out the reason for dismissal given by the employer at the time in the dismissal letter or make a finding of what was the reason for dismissal. It was not in dispute that the Claimant took money from the till. The issue was whether the Claimant had been dishonest. Further, the Employment Judge erred in failing to consider and give reasons for the decision that the Respondents’ investigation and decision to dismiss was reasonable notwithstanding that there was evidence available to the Respondents that the takings in the till were up and not down and that they considered that takings being down as important. Appeal allowed. Claim remitted for hearing before a different Employment Tribunal.
Citations:
[2018] UKEAT 0010 – 18 – 2006
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 July 2022; Ref: scu.625441