EAT Unfair Dismissal : Reasonableness of Dismissal – Reason for dismissal including substantial other reason
Unfair dismissal; apparent bias; improper conduct by Employment Judge.
The employer dismissed three Claimants for gross misconduct. The Employment Tribunal found that the first and second Claimants had been fairly dismissed and that the third had been unfairly dismissed. The first and second Claimants appealed arguing that their dismissals had been unfair, and that the ET had substituted its judgment for that of the employer, and had made findings for which there was no factual basis. The Respondent appealed arguing that the third Claimant had been fairly dismissed and the ET had substituted its view for that of the employer.
Separately the Respondent argued that the EJ had the appearance of bias. His daughter was and is a partner in the firm which represented the third Claimant, but he had not disclosed that to parties. If he had done so, the Respondent might have asked him to recuse himself. Further and separately, the EJ had interrupted one of the Respondent’s witnesses when giving evidence and had thereby prevented her giving all the evidence she wished to give.
Held: the appeals are all refused. The ET looked at the investigation carried out by the Respondent, the decision made by it at first instance and the appeal which followed in great detail. It was entitled to decide as it did that the investigation was not of the best quality, and the first instance decision was flawed; but that the appeal cured the defect. It was entitled to find that the Respondent had before it sufficient material to find the first and second Claimants guilty of gross misconduct. The ET was entitled to find the investigation into the third Claimant was inadequate and that his dismissal was unfair.
The allegation of apparent bias was not made out. Neither was the allegation of improper conduct.
Judges:
Lady Stacey
Citations:
[2013] UKEAT 0042 – 12 – 1511
Links:
Jurisdiction:
Scotland
Employment
Updated: 06 June 2022; Ref: scu.526535