EAT Unfair Dismissal : Reasonableness of Dismissal – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke
The Employment Tribunal found that the Claimant had been wrongfully but fairly dismissed for misconduct.
The ET failed to give any real reasons for its finding that the Respondent’s appeal panel had had reasonable grounds for its findings as to misconduct. Particularly in the light of the finding of wrongful dismissal, the ET ought to have given fuller reasons and addressed the points made by the Claimant as to the reasonableness of the panel’s findings of misconduct.
Appeal allowed and the matter remitted to the ET to consider whether the appeal panel had reasonable grounds for its findings as to misconduct.
Shanks HHJ
[2014] UKEAT 0296 – 13 – 1002
Bailii
England and Wales
Employment
Updated: 03 December 2021; Ref: scu.525185