EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal. Employee admitted (i) having continued to undertake driving instructor’s training course whilst off sick, without employer’s permission, (ii) having lied about having done so in the past and (iii) having been warned that it would be viewed as gross misconduct if he did so. Employee handbook provided that employees must not, without permission, engage in any activity (paid or unpaid) during working hours. On appeal, held that Employment Tribunal had erred in interpreting handbook as not prohibiting Claimant’s conduct and in finding that, in Burchell terms, they did not have reasonable grounds on which to sustain a belief in the Claimant’s misconduct. Finding of fair dismissal substituted.
Smith J
[2012] UKEAT 0025 – 11 – 1101
Bailii
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.450489