EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other
Reason for dismissal including substantial other reason
Reasonableness of dismissal
Disciplinary process delegated to external HR consultants by this small employer. The reason for dismissal was the set of facts/beliefs in the mind of the consultants, even although the recommendation for dismissal required approval from the employer.
The reason or principal reason for dismissal relates to the categories of potentially fair reasons in s98 Employment Rights Act 1996. Where the reason is solely ‘conduct’ all constituent parts of that reason are relevant to the reasonableness question under s98(4) not the principal act of misconduct.
Additionally, the Employment Tribunal substituted its view for that of employer as to sanction. Employer appeal against finding of unfair dismissal allowed. Finding reversed.
Peter Clark J
[2014] UKEAT 0259 – 13 – 2901
Bailii
England and Wales
Employment
Updated: 29 November 2021; Ref: scu.520829