Snows Motor Group Ltd v Palmerino: EAT 23 Oct 2009

EAT UNFAIR DISMISSAL:
Reasonableness of Dismissal
The employer only bears the burden of proving the reason for dismissal and employment tribunals should take care when considering the judgment of Arnold J in British Home Stores v Burchell to distinguish between considerations as to whether the employer had a genuine belief as to the reason for dismissal, as to which the employer does near the burden of proof, and questions as to the reasonableness of investigations and disciplinary hearings and as to the reasonableness of a sanction of dismissal, as to which the employer does not have to discharge any burden. Here the employment tribunal had erred by not keeping these considerations separate and thus appearing to consider that it was for the employer to prove that it had acted reasonably throughout.

Citations:

[2009] UKEAT 0175 – 09 – 2310

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Updated: 14 August 2022; Ref: scu.401688