EAT UNFAIR DISMISSAL: Reasonableness of dismissal / Contributory fault
The Tribunal erred in application of the Burchell test in a case where the claimant admitted misconduct. Tribunal rightly criticised an aspect of the disciplinary hearing (related to the right to be accompanied by a representative) but failed to take account of the whole circumstances including what happened after the hearing by way of communication between the claimant and respondents and at the appeal hearing.
Citations:
[2009] UKEAT 0070 – 08 – 2205
Links:
Employment
Updated: 30 July 2022; Ref: scu.372600