EAT Unfair Dismissal : Reasonableness of Dismissal – The Claimant’s claim of unfair dismissal was dismissed because the Tribunal found that his employers’ decision, that he had acted dishonestly and in breach of trust, was based on reasonable grounds, after a reasonable investigation. The Claimant’s appeal was allowed to proceed to a full hearing on one issue, namely whether the Tribunal’s decision that the employers’ investigation into the allegation of gross misconduct was a reasonable investigation, was a decision that was reasonably open to them, on the evidence and findings made.
In the particular circumstances of this case, and where the Claimant had asked for further investigations to be carried out which would support his account that he was at no time acting dishonestly, his employers’ failure to do so was held, on appeal, to be objectively unreasonable and the Tribunal’s conclusion to the contrary was unsustainable. The EAT unanimously agreed that this was one of those rare cases where they should interfere with the ET’s decision on this issue.
Judges:
Cox DBE J
Citations:
[2012] UKEAT 0273 – 12 – 0911
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 November 2022; Ref: scu.468960