EAT The Claimant, a director of the Respondent, was dismissed for gross misconduct. There were grounds upon which the Respondent could reasonably have treated his conduct as justifying immediate dismissal for a fair reason within the meaning of section 98 of the Employment Rights Act 1996. However the ET found that the true reason for dismissal was not the Claimant’s misconduct but that the Respondent’s other directors wanted him dismissed for reasons not related to his misconduct. In the circumstances the dismissal was unfair because the Respondent had not shown the dismissal was for a fair reason. ASLEF v Brady UKEAT/0057, and 0130/06 applied.
Judges:
His Honour Judge Serota
Citations:
[2006] UKEAT 0054 – 06 – 2408, UKEAT/0054/06
Links:
Statutes:
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 07 July 2022; Ref: scu.244752
