EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
The Claimant, a senior legal executive, was found in disciplinary proceedings to have claimed sick pay while on holiday, and not been truthful in his answers on return-to-work. On appeal the substantive charges against him were dismissed but the dishonesty was upheld and he was dismissed. The Employment Tribunal correctly found the reason for dismissal and that it was a reasonable response. It carried out all three steps in the 2002 Act regime. It correctly rejected the claim of disparity of treatment as the comparator was not apt.
Citations:
[2010] UKEAT 0465 – 09 – 1604
Links:
Employment
Updated: 22 August 2022; Ref: scu.421380
