EAT Reasonableness of dismissal
Procedural fairness/automatically unfair dismissal
Appeal by employers and cross-appeal by employee against Employment Tribunal’s finding of unfair dismissal for gross misconduct. Case turned on the question of an adequate investigation and the fairness of the disciplinary procedure overall. ET found to have erred in its approach, to have substituted its own view of matters for that of the employers and to have failed to make adequate factual findings and adequately explain its reasoning. Appeal allowed. Cross-appeal dismissed. Matter remitted for re-hearing before fresh tribunal.
Judges:
Cox J
Citations:
[2010] UKEAT 0277 – 09 – 2505
Links:
Cited by:
See Also – Boardman v Nugent Care Society and Another EAT 10-Jul-2012
EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Appeal by employee against Employment Tribunal’s finding (majority decision) that claims of unfair and wrongful dismissal fail. Teacher dismissed for gross . .
First EAT – Clarence High School and Another v Boardman CA 15-Mar-2013
The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt.
Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 21 August 2022; Ref: scu.420256