EAT UNFAIR DISMISSAL: Reasonableness of dismissal
Conduct dismissal. Burchell test. Reasonableness of grounds for belief in misconduct. Misapplication of (neutral) burden of proof under s98(4) ERA.
Appeal allowed and case remitted for rehearing by fresh Employment Tribunal.
Judges:
Peter Clark J
Citations:
[2008] UKEAT 0559 – 07 – 2006
Links:
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 July 2022; Ref: scu.271324