EAT UNFAIR DISMISSAL: Reasonableness of dismissal / Mitigation of loss
STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether infringed
An Employment Tribunal had correctly held that the failure of an employer to provide adequate details of the complaints against an employee vitiated the disciplinary proceedings so that the dismissal was automatically unfair by virtue of Section 98A Employment Rights Act 1996.
The Employment Tribunal had however, inadmissibly substituted its own views of the evidence for those of the Employer when finding that the Employer could not properly have regarded as gross misconduct, the actions of the employee. The employee had driven a company van in an area frequented by children having drunk a small quantity of wine while holding the glass out of the window of the van.
The Employment Tribunal had correctly found that the termination of a subsequent contract of employment [where the Claimant lacked qualifying service to protect her against unfair dismissal] did not break the chain of causation of the original unfair dismissal.
Citations:
[2009] UKEAT 0415 – 08 – 2804
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.342106
