EAT UNFAIR DISMISSAL – Reasonableness of dismissal
A teacher already on formal written warning for misconduct was dismissed for making a racist joke in hearing of staff and pupils. The Employment Tribunal upheld his unfair dismissal complaint on the basis that (a) there were no genuine grounds for belief of misconduct (despite direct evidence of more than one witness); (b) no adequate investigation (because employer did not interview pupils); and (c) dismissal outside range of reasonable responses. Appeal allowed. Plain case of Employment Tribunal substituting its own view and misdirecting itself about burden of proof. Remitted to different Tribunal.
Judges:
Luba QC R
Citations:
[2011] UKEAT 0582 – 10 – 1904
Links:
Jurisdiction:
England and Wales
Employment
Updated: 15 September 2022; Ref: scu.441346