EAT Tribunal found claimant, a security guard, to have been unfairly dismissed where he was dismissed for misconduct consisting of (a) writing a letter to respondents in which he unjustifiably alleged impropriety and dishonesty on the part of a director and (b) failing to follow reasonable instructions to attend for work at a new site. Tribunal found that the instruction to attend for work was unreasonable because employers had failed to consider what would be the effect on the claimant of being required to travel further and work night shift and therefore the dismissal was unfair. Claimant had previously worked in same location and there were no difficulties in him being able to work night shift. On appeal, Tribunal found to have substituted its own view for that of the reasonable employer, on no basis in the evidence. Further, it had failed to have regard to the effect of part (a) of the claimant’s misconduct and had wrongly included a sum in respect of pay in lieu of notice in the award of compensation. In other respects the award was ill – founded and the reduction for the claimant’s own contribution seemed to be inadequate. There being sufficient clear findings of fact which demonstrated that no reasonable Tribunal could have found the dismissal to be unfair, a finding of fair dismissal was substituted.
Citations:
[2009] UKEAT 0013 – 09 – 1808
Links:
Employment
Updated: 13 August 2022; Ref: scu.393330
