EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Dismissal of prison officer for gross misconduct, namely that he was ‘negligent in [his] duty in failing to take appropriate action when an incident occurred’, the ‘charge’ of which he was given notice being in the same terms and the incident being that another officer assaulted an inmate at the young offenders’ institution where they were both employed. The Employment Tribunal found as fact that the Claimant was not found guilty of or dismissed for deliberate and premeditated conduct. That finding was not appealed against as being perverse. Appeal on basis that the Tribunal had erred in its application of Strouthos v London Underground Ltd [2004] IRLR 635 dismissed as being misconceived. It proceeded on the basis that the Claimant had been dismissed for deliberate and premeditated conduct but that was not what had been found by the Tribunal nor was it what was demonstrated by the documentary evidence or the findings of the Tribunal on the evidence led.
Judges:
Lady Smith
Citations:
[2012] UKEAT 0032 – 12 – 1807
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Strouthos v London Underground Ltd CA 18-Mar-2004
The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits.
Held: ‘It is a basic proposition, whether in criminal or . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 November 2022; Ref: scu.463681
