PRACTICE AND PROCEDURE – Disposal of appeal including remission
The Employment Tribunal misdirected itself in law by applying Ranson v Customer Systems plc [2012] EWCA 841 to a case in which the employee did not remain silent but submitted an Investigation Report which was ‘not true’ and in which ‘there was clearly some element of dishonesty’ (quoting ET Reasons). The right to remain silent (where it exists) is not the same as a right to say something that is not true. Finding of wrongful dismissal set aside. Bell v Lever Bros Ltd [1932] AC 161 HL and Item Software (UK) Ltd v Fassihi [2005] ICR 450 CA considered.
[2019] UKEAT 0086 – 18 – 2510
Bailii
England and Wales
Updated: 23 August 2021; Ref: scu.650900
