EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Unfair dismissal. The Claimant was dismissed because he had been convicted of criminal offences which were held to be not befitting of office held by him, that of retained fireman, with rank of watch commander. The Respondent would have issued a final written warning rather than dismissing, in light of all the circumstances, had it not been for a final written warning which the Respondent had given the Claimant for other misconduct, after the criminal acts had taken place, but before the conviction and before the disciplinary procedure relating to the criminal conduct. The Claimant argued that the final written warning should be ignored as it did not exist when the criminal acts took place. The Respondent argued that it required considering all that appeared on the record.
Held: the Respondent was entitled to have regard to the final written warning. Appeal dismissed.
Lady Stacey
[2013] UKEAT 0029 – 13 – 1211
Bailii
England and Wales
Employment
Updated: 10 January 2022; Ref: scu.559950