EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Contributory fault
Hospitality manager summarily dismissed for gross misconduct. Single incident of failure to check a booking sheet leading to a complaint from a customer about service provided at the booked event. Both the dismissing manager and an appeals officer rely on that incident, and no other prior matter, as justifying dismissal.
Employment Tribunal find summary dismissal would normally be outside the range of reasonable responses but that the employee had previous written and verbal warnings for capability arising out of similar circumstances. It decides that given those additional matters, dismissal was within the range of reasonable responses. In the alternative, that those matters taken together with the incident gave rise to 100% contribution to own dismissal. Appeal allowed.
The ‘reason’ for dismissal with which section 98(4) and section 123(6) ERA are concerned is the employer’s actual reason for dismissal not the reasons for which the employee might otherwise have been dismissed. The employers having disavowed the previous matters as having formed part of their reason for dismissing, it was not permissible for the Tribunal to substitute a reason or supply an additional reason which the employer had not in fact adopted at the time.
Claim for UD upheld. Assessment of remedy remitted to same Tribunal.
Judges:
Luba QC
Citations:
[2012] UKEAT 0054 – 12 – 3105
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 November 2022; Ref: scu.464557