EAT The Tribunal found that the employers’ dismissal of the employee after his lorry had turned over at a roundabout was unfair because their investigation of the facts had been ‘fundamentally flawed’. Held on appeal that the Tribunal had failed to apply the appropriate tests, in particular the range of reasonable responses test, and had decided on the basis of their own view of what was reasonable on the evidence before them. Held, further, that the Tribunal had made an order for re-instatement without considering contributory fault and erred in law in so doing. Claim remitted for new hearing by different tribunal.
Judges:
His Honour Judge Burke Qc
Citations:
[2006] UKEAT 0576 – 05 – 1005, UKEAT/0576/05
Links:
Citing:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 July 2022; Ref: scu.241833
