Marl International Ltd v Dickinson: EAT 22 Feb 2013

EAT Unfair Dismissal : Reasonableness of Dismissal – Although it rejected the Claimant’s case that dismissal was on a pretext, and concluded that the genuine and honest reason for dismissal was conduct, the ET decided a dismissal was unfair because the belief was not reached on reasonable grounds. In deciding this, it did not have regard to significant parts of the reasoning of the dismissing officer, nor explain why although the dismissal was because of a finding of guilt on four matters of conduct the ET had no express regard to any reasoning in respect of two of them. It was factually in error in the one aspect in which it appeared to think the investigation giving rise to that reasoning had been flawed. Accordingly, an appeal was allowed, and the case remitted to a fresh tribunal for a fresh hearing.
Langstaff P J
[2013] UKEAT 0447 – 12 – 2202
Bailii
England and Wales

Updated: 02 May 2021; Ref: scu.472841