EAT Unfair Dismissal : Reasonableness of Dismissal
The Claimant was employed as a cashier supervisor by the Respondent. Her employment began in 1985 and ended on 30 March 2012 when she was dismissed. The Claimant had received a final written warning in connection with an incident related to failure to follow instructions which took place on 9 August 2010. The essential complaint against her was that she had disregarded an express instruction from a Ms Russell, who was senior to her. Following a disciplinary hearing on 10 September 2010 the Claimant received a final written warning which was to stay on her record for 15 months. She appealed against that but no appeal was ever heard. A further incident took place on 2 December 2011 when the Claimant failed to follow instructions given to her. A disciplinary hearing was heard in March 2012, following which she was dismissed. The person conducting it was aware of the final writing warning previously put on her record and was aware that the appeal had not been determined. The Appellant appealed against the decision to dismiss her and the decision was upheld on appeal. The Employment Tribunal found that the dismissal was not unfair. On appeal to the EAT, the Claimant sought to argue that the ET had misapplied the law in relation to the original final warning. Held the ET did not err in law. There was no reason for the ET to hear evidence on the reason for the imposition of the first final warning as there was nothing to indicate that it was manifestly inappropriate or in any way invalid. Further, the ET considered fully the fairness of the dismissal, including the circumstance that there was an appeal outstanding. It reached the view that the decision to dismiss was a decision which a reasonable employer could have reached. There is no error in law and the appeal is dismissed.
Lady Stacey
[2013] UKEAT 0020 – 13 – 0512
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518797