The employee had alleged that she had been pushed by a manager. The employer investigated, and having found against her, wrote saying they were instigating disciplinary procedures for making a false complaint. She resigned complaining constructive dismissal. The industrial tribunal found the terms of the letter to indicate that the employer had taken a fixed view. The employer appealed, saying there was no basis for that as a finding of fact.
Held: the letter could found that finding of fact, and as a finding of fact, the tribunal would not interfere with it.
EAT Unfair Dismissal – Reason for Dismissal
Judges:
The Honourable Lord Johnston
Citations:
EAT/280/01
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Alexander Machinery (Dudley) Ltd v Crabtree CA 1974
Donaldson LJ discussed the level of detail to be given by a tribunal when giving its reasons: ‘It is impossible for us to lay down any precise guidelines. The overriding test must always be: is the tribunal providing both parties with the materials . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 July 2022; Ref: scu.168291