The employee had been permitted to work additional hours for another employer. She continued that work during a period of extended sickness, and was dismissed for misconduct. The tribunal held that the involvement of the auditor both in the investigation, and in the decision making process was a breach of natural justice, and the dismissal was unfair. The authority appealed. It was held that the evidence did not sufficiently justify the decision and this was an error of law.
Held: There was insufficient evidence for the EAT to substitute its own view, and the case was remitted to a new tribunal.
Judges:
The Honourable Lord Johnston
Citations:
EAT/336/01
Statutes:
Employment Rights Act 1996 116
Jurisdiction:
England and Wales
Citing:
Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 June 2022; Ref: scu.168325