Henderson v Connect (South Tyneside) Ltd: EAT 1 Oct 2009

EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Employee driving a school bus – Dismissed at the insistence of the local authority because of allegations of sexual abuse which he denied and in respect of which the police had declined to prosecute – Tribunal held dismissal to be fair because the employer had done its best to persuade the Council to change its stance and had no other work for the employee.
Appeal dismissed – The decision of the Court of Appeal in Dobie v Burns International Security Services (UK) Ltd [1984] ICR 812 did not mean that an omission expressly to refer to the injustice caused to an employee by a dismissal at the behest of a third party was an error of law, provided that it was apparent that the tribunal had taken that factor into account.


Underhill J P


[2009] UKEAT 0209 – 09 – 0110, [2010] IRLR 466



Cited by:

CitedBancroft v Interserve (Facilities Management) Ltd EAT 13-Dec-2012
EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal erred in holding that the Respondent had taken all steps to seek to mitigate the injustice caused to the Claimant by his removal . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 August 2022; Ref: scu.377311