EAT PRACTICE AND PROCEDURE: Perversity
The Claimant, the Respondent’s shop manager, was responsible for bagging takings for collection. She was shown on CCTV turning the CCTV off during that process. There was a substantial cash shortage. The Employment Tribunal held she was unfairly dismissed because it regarded the Respondent’s investigation as inadequate and because of a perceived inequality of treatment compared with another employee who had been present.
Held: the decision was perverse. The Tribunal had substituted its own view as to the adequacy of the investigation. There was no disparity of treatment. The Respondent could not bring disciplinary proceedings against the other employee because she had already left the Respondent’s employment.
 UKEAT 0378 – 08 – 1106
Updated: 04 August 2022; Ref: scu.375925