EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Employment Tribunal regarded the fact that the Claimant had been given a final warning as determinative of the question whether his dismissal for subsequent conduct was fair. Without the previous warning the dismissal would have been held unfair.
Held: if the Employment Tribunal has cause on the facts to consider that a material previous disciplinary sanction may have been manifestly inappropriate they should hear evidence to determine whether it was. The Employment Tribunal did not do so in this case. Appeal allowed. Case remitted to determine this issue. Co-operative Retail Services Ltd v Lucas [1993] UKEAT/145/93, Davies v Sandwell MBC UKEAT/0416/10/DA and Wincanton Group Plc v Mr Stone and Mr Gregory UKEAT/0011/12 considered.
Judges:
Slade J
Citations:
[2012] UKEAT 0323 – 12 – 0612, [2013] ICR D14
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 November 2022; Ref: scu.471293