EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Judge erred in law in holding that to qualify as conduct within the meaning of section 98(2)(b) of the Employment Rights Act 1996 the conduct, in the view of the Tribunal, has to be culpable.
The Employment Judge to a significant extent started from his own findings of fact and opinions, whereas the task under section 98(4) was to start with the Respondent’s reasons for dismissal and apply an objective test of reasonableness to those reasons.
Appeal allowed. Case remitted for re-hearing.
Judges:
David Richrdson HHJ
Citations:
[2017] UKEAT 0311 – 16 – 1105
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 March 2022; Ref: scu.590419
