RWA_lewisEAT2011
EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Claimant dismissed for gross misconduct – the most substantial factor was that she was found to have been guilty of bullying. Victim’s grievance re bullying had been upheld but outcome had been that disciplinary procedure was not warranted. Claimant told she could appeal the outcome of the grievance procedure and then told that she could not do so. Majority of disciplinary panel were persons who had given evidence in support of victim and against the Claimant in grievance procedure – other, non-hostile, employees could have formed disciplinary panel. Otherwise, conduct (re: communications with person representing her in grievance and disciplinary procedure) relied on by employer could not have amounted to misconduct and conduct (re: email use) which was misconduct could not have warranted dismissal. Tribunal found that disciplinary procedure offended natural justice and decision to dismiss was not within range of reasonable responses. On appeal, Tribunal’s finding upheld.
Smith L
[2011] UKEAT 0008 – 11 – 1407
Bailii
England and Wales
Employment, Scotland
Updated: 01 November 2021; Ref: scu.444026