EAT Unfair Dismissal: Reasonableness of Dismissal – CONTRACT OF EMPLOYMENT – Wrongful dismissal
(1) Unfair dismissal. The Employment Judge’s reasons demonstrated that she fell into error of starting from her own findings rather than reviewing the actions of the Respondent in accordance with section 98(4) of the Employment Rights Act 1996.
(2) The Employment Judge’s very brief reasons on the Polkey question did not demonstrate that she applied the correct test.
(3) The Employment Judge’s findings could not be described as perverse – in particular, her finding that the Claimant did not commit the misconduct alleged was not perverse – and her Judgment in respect of wrongful dismissal would stand.
David Richardson HHJ
[2016] UKEAT 0333 – 15 – 1305
Bailii
England and Wales
Employment
Updated: 18 January 2022; Ref: scu.566593
