EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal. Whether Employment Tribunal adopted the correct approach in a case where the potential consequences for the employee were sufficiently grave that this was a relevant circumstance for the purpose of s.98(4) Employment Rights Act 1996 and warranted a heightened assessment of the Respondent’s investigation and decision, see A v B [2003] IRLR 405, EAT and Salford Royal NHS Foundation Trust v Roldan [2010] IRLR 721, CA.
Held: notwithstanding the ET’s failure to make express reference to the Roldan line of authorities, it was entitled to reach the view that it had. The evidence taken into account by the Respondent was not dependent upon the word of one witness and the investigation and decision taken withstood the more stringent assessment required in such cases.
Eady QC J
[2014] UKEAT 0292 – 13 – 2003
Bailii
Employment Rights Act 1996 98(4)
England and Wales
Employment
Updated: 01 December 2021; Ref: scu.522642