DSG Retail Ltd v Mackey (Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason): EAT 8 Jul 2013

Reason for dismissal including substantial other reason
Procedural fairness/automatically unfair dismissal
Claimant was dismissed because the Appellant employer believed he had neglected his duties and subsequently lied about the matter. The Employment Tribunal’s decision that this was not a reason which related to his conduct was unsupportable. Further the ET’s decisions that there were in any event no reasonable grounds for the employer’s belief, that they failed to carry out a reasonable investigation and that the sanction of dismissal were unreasonable were based on irrelevant considerations and/or overlooked important considerations and/or involved the ET substituting its views for those of the employer. Case remitted to be heard by a fresh ET.

Shanks J
[2013] UKEAT 0054 – 13 – 0807
England and Wales


Updated: 19 November 2021; Ref: scu.514417