EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
Tribunal found to have erred in law in holding that Claimant, who was employed as a police training officer and had withheld information relating to the whereabouts of a known sex offender (his brother – in respect of whom a warrant for arrest had been issued), was unfairly dismissed:
(i) they had proceeded on the basis that, because the Claimant was employed by Strathclyde Joint Police Board, he owed no duties to Strathclyde Police Force, whereas the terms of the Police (Scotland) Act 1967 plainly show that he did;
(ii) applying the second part of the Burchell test, they had found that the Respondent had no reasonable grounds for its belief that the Claimant had committed an act of misconduct but their basis for that was that he was under no duty to provide information about his brother’s whereabouts to the police and that was erroneous; he was, plainly, in the circumstances, under such a duty and the findings in fact showed that the Respondent had reasonable grounds for their belief.
Appeal upheld and finding of fair dismissal substituted.
Judges:
Smith J
Citations:
[2011] UKEAT 0060 – 10 – 1506
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 September 2022; Ref: scu.441836