EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal. Misconduct. Claimant found to have committed gross misconduct by admittedly having jammed fuel pump nozzle open when refuelling, knowing that he was ‘100% wrong’ to have done so. Appeal on bias and perversity grounds. Bias grounds departed from and assertions in Notice of Appeal that Tribunal had failed to take account of evidence and reached findings which had no basis in the evidence not followed up with a timeous application for a note from the Tribunal. Notice of Appeal shown to be characterised by unsupported assertions and hyperbole. Perversity not shown. Tribunal had not erred in any respect.
Lady Smith
[2012] UKEAT 0053 – 11 – 0905
Bailii
Scotland
Employment
Updated: 25 November 2021; Ref: scu.459939