EAT CONTRACT OF EMPLOYMENT
Wrongful dismissal
Damages for breach of contract
The Claimant’s contract of employment provided that he might be summarily dismissed for due cause. The Respondent summarily dismissed him for having committed conduct that might be classified as gross misconduct. The Employment Tribunal found that the Claimant had been dismissed for due cause because the Respondent employer had reasonably believed that he was guilty of serious misconduct. The Respondent did not attempt to prove that he had in fact committed gross misconduct, nor did the Employment Tribunal find that he had.
The Employment Appeal Tribunal concluded that the Employment Tribunal had misdirected itself and that in cases of wrongful as opposed to unfair dismissal it was necessary for the Respondent to prove that the Claimant had actually committed a repudiatory breach of contract. Reasonable belief in guilt was irrelevant in cases of wrongful dismissal.
Case remitted to the same Employment Tribunal for rehearing.
Judges:
Serota QC J
Citations:
[2012] UKEAT 0583 – 11 – 1705
Links:
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.461862