EAT UNFAIR DISMISSAL
Tribunal found that the claimant was unfairly dismissed. Two allegations of misconduct, one admitted and established but Tribunal found that the respondents did not have reasonable grounds on which to sustain a belief in the other ground. The dismissing manager would not have dismissed in respect of the former ground alone. The manager who heard the appeal thought that that ground did warrant dismissal. Employers appealed; the Tribunal had failed to take account of the view of the appeal manager that the uncontested ground justified dismissal. Appeal dismissed; the employee would not have been dismissed on that ground alone and the matter would never have come before the appeal manager if the employers had not entertained an unjustified belief in the other allegation of misconduct.
Citations:
[2008] UKEAT 0039 – 08 – 2810
Links:
Employment
Updated: 26 July 2022; Ref: scu.346177