EAT UNFAIR DISMISSAL
Reasonableness of dismissal
The Employment Tribunal erred in holding that a reasonable employer would not have dismissed the Claimant when it found his case was on all fours with three other employees who were given a final written warning for misconduct. The Claimant was two months into a warning indicating further misconduct might lead to dismissal, and he alone had been aggressive to a security guard. The Employment Tribunal failed to apply LAS v Small and look at the material available to the management. The Employment Tribunal’s criticisms of the investigation were not borne out.
Citations:
[2010] UKEAT 0508 – 09 – 0811
Links:
Employment
Updated: 31 August 2022; Ref: scu.428056