When considering whether an employer had acted reasonably in a disciplinary hearing, all that section 57 required was (Purchas LJ) ‘that the employer should have a reason falling within the provisions and that, in reaching that reason, he acted reasonably’.
Ralph Gibson LJ said: ‘The appeal was by rehearing and there was on that occasion no significant defect in the proceedings. Any defects in what had gone before were cured by the opportunity to appeal.’
The fact that a particular manager has been involved at an earlier stage does not necessarily prevent him sitting on a disciplinary hearing.
The question of the fairness of the procedures and the hearings at either stage of the disciplinary hearing or the appeal process, were fair or fundamentally flawed, is a question of fact for the Industrial Tribunal.
Judges:
Purchas LJ, Ralph Gibson LJ
Citations:
[1992] IRLR 271
Jurisdiction:
England and Wales
Cited by:
Cited – Taylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
Cited – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady.
Held: It . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 May 2022; Ref: scu.242343