Queen Elizabeth Hospital NHS Trust v Ogunlana: EAT 6 Oct 2006

EAT Unfair Dismissal – Reasonableness of dismissal
Unfair Dismissal – Contributory fault
Conduct UD. ET substituted their view for that of employer in holding no reasonable investigation and dismissal sanction unreasonable. Whole matter (including contribution if it arises) remitted to fresh ET for rehearing.
His Honour Judge Peter Clark
[2006] UKEAT 0372 – 06 – 0610, UKEAT/0372/06
Bailii, EAT
England and Wales
CitedJ Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .

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Updated: 31 January 2021; Ref: scu.247826