EAT Unfair Dismissal : Reasonableness of Dismissal – Reinstatement/re-engagement
Bus driver dismissed for gross misconduct in relation to interference with CCTV camera in driver’s cab. Tribunal found dismissal to have been unfair; lack of parity between treatment of Claimant and earlier treatment of other employees involved in similar misconduct. Appeal against that finding on ground that Tribunal failed to distinguish between employees on basis of Claimant’s record of prior final warning. Appeal dismissed – employer had not relied on the Claimant’s prior record.
Reinstatement. Tribunal ordered reinstatement taking account of ‘judicial knowledge that the Respondent has been advertising vacancies for bus drivers. No further specification given and not raised with parties. Appeal against order for reinstatement upheld and case remitted to Tribunal to consider remedy of new.
Judges:
Lady Smith
Citations:
[2012] UKEAT 0052 – 11 – 2203
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 October 2022; Ref: scu.452499