Koku v South London and Maudsley NHS Foundation Trust (Unfair Dismissal): EAT 15 Mar 2013

EAT UNFAIR DISMISSAL
RACE DISCRIMINATION
The Appellant appealed against the dismissal of his claim for racial discrimination on the ground that the Employment Tribunal’s reasons were inadequate. The Respondent cross-appealed against the finding that his dismissal was unfair on the ground that the ET erred in law by substituting its own findings of fact for those of the Respondent rather than asking whether there had been a reasonable investigation.
Held: (1) The appeal would be dismissed, since the reasons of the ET, although brief, were adequate in the circumstances of the case.
(2) The cross-appeal would be allowed, since the ET had erred in law by substituting its own findings of fact for those of the Respondent.
Singh J
[2013] UKEAT 0294 – 12 – 1503
Bailii
England and Wales

Updated: 30 October 2021; Ref: scu.509321