EAT UNFAIR DISMISSAL: Procedural fairness/automatically unfair dismissal
The tribunal found that a dismissal was unfair because the employers had adopted unfair procedures. In particular, they had relied on police witness statements in circumstances where they should have carried out their own inquiries. The EAT upheld the appeal on the grounds that although in form the tribunal had directed itself properly, in fact it had fallen into the trap of substituting its view for that of the employer. Finding of fair dismissal substituted.
Citations:
[2008] UKEAT 0503 – 07 – 1206
Links:
Employment
Updated: 17 July 2022; Ref: scu.269779