Limington House School and Another v Smith (Unfair Dismissal : Reasonableness of Dismissal): EAT 18 Jul 2013

EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Appellants dismissed the Claimant for gross misconduct in relation to two incidents following a disciplinary hearing. There was no dispute that they had an honest belief that the Claimant had committed gross misconduct nor that they had carried out a reasonable investigation. The Employment Tribunal made findings about what had happened in the two incidents and on the basis of those findings found that there was in fact no misconduct and that there was no way that any employer could reasonably come to the view that there was. The appeal was allowed because the ET had not referred to the very full decision letter, had not expressly asked themselves whether there were reasonable grounds for the belief the Appellants had reached and appeared to have substituted their own findings for those of the Appellants. The matter remitted to be reheard by a fresh ET.

Shanks J
[2013] UKEAT 0065 – 13 – BA – 1807
England and Wales


Updated: 22 November 2021; Ref: scu.516740