EAT UNFAIR DISMISSAL – Reasonableness of dismissal
PRACTICE AND PROCEDURE – Chairman alone
The Employment Judge did not err when he decided the Claimant, a school bursar, was fairly dismissed when he did not disclose the parlous state of its finances to the board of governors. Applying the company law on attribution set out in Meridian and Orr, disclosure to two members of the board did not mean the board had knowledge of the finances.
Observed:
There was a danger in this case heard by a judge alone of a subjective approach to misconduct. The law remains as it was before judge-alone became the norm for unfair dismissal cases.
McMullen QC
[2013] UKEAT 0506 – 12 – 2604
Bailii
England and Wales
Employment
Updated: 18 November 2021; Ref: scu.514155