Unfair Dismissal
The claimant was employed as a financial consultant in the respondent’s Estate Agency Division. He was dismissed for failing to disclose that he had been made bankrupt. There was no express term of his contract, nor any policy or regulatory requirement that applied to him, that specifically required him to disclose a bankruptcy. However, the tribunal found that the respondent dismissed him because it nevertheless believed that, in all the circumstances, he knew, or should have appreciated, that it would regard his bankruptcy as a serious matter, and would have expected him to disclose it, and that he had deliberately not done so. The tribunal found that the respondent was entitled to view this conduct as warranting dismissal, and that the overall disciplinary and appeal process was fair. It did not err in finding this to have been a fair dismissal.
Judges:
His Honour Judge Auerbach
Citations:
[2022] EAT 96
Links:
Jurisdiction:
England and Wales
Employment
Updated: 08 August 2022; Ref: scu.679858
