Underhill LJ referred to a situation in which the decision-maker’s beliefs had ‘been manipulated by some other person involved in the disciplinary process who has an inadmissible motivation’. ‘For short,’ Underhill LJ had added, ‘an Iago situation’. He had proceeded: ‘[Counsel] accepted that in such a case the motivation of the manipulator could in principle be attributed to the employer, at least where he was a manager with some responsibility for the investigation; and for my part I think that must be correct.’
Judges:
Laws, Ryder, Underhill LJJ
Citations:
[2014] EWCA Civ 658
Links:
Jurisdiction:
England and Wales
Citing:
At EAT (1) – The Co-operative Group Ltd v Baddeley (Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason) EAT 11-Jul-2013
EAT UNFAIR DISMISSAL – Reason for dismissal
Tribunal expressing itself in unusually robust language – whether tribunal substituted its own view of what employee had done for that of employer – whether . .
Appeal from – The Co-Operative Group Ltd v Baddeley EAT 15-Nov-2013
EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other . .
Cited by:
Cited – Royal Mail Group Ltd v Jhuti SC 27-Nov-2019
The employee was a whistleblower, but her manager in response bullied her and dismissed her on the grounds of alleged poor performance. J suffered stress and was away from work and unable to defend herself. The decision maker, acting honestly . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 September 2022; Ref: scu.525618
