EAT Unfair Dismissal: Reasonableness of Dismissal – The Employment Judge was correct in concluding that a lack of credibility on the part of a witness who had conducted a disciplinary hearing that was disregarded as procedurally and substantively unfair did not inevitably render the whole dismissal unfair. Following the guidance in Taylor v OCS Group Limited  ICR 1602 the process was still capable of being fair overall where the subsequent appeal process was thorough and reasonably conducted against a background of sufficient evidence of gross misconduct. There are no limitations on the nature and extent of the deficiencies in a first stage disciplinary procedure that can be cured by a thorough and effective appeal.
A distinction can be drawn between an employer’s bad faith in issuing a warning that leads to dismissal, as in Way v Spectrum Property Care Limited  EWCA Civ 381, and bad faith within a deficient disciplinary process not ultimately relied on in assessing whether the dismissal was fair.
Hon Lady Wise
 UKEAT 0022 – 15 – 1005
England and Wales
Updated: 18 January 2022; Ref: scu.566592