Vincent (T/A Shield Security Service) v Hinder: EAT 18 Oct 2013

EAT Unfair Dismissal : Reasonableness of Dismissal – Where an Employment Tribunal concludes, as a matter of fact, that an employer has not taken into account any mitigating circumstances before applying the sanction of dismissal in a case of gross or serious misconduct and, therefore, that dismissal is not a reasonable action on the part of an employer in the circumstances of the case, there will not necessarily be a misdirection under section 98(4) of the Employment Rights Act 1996.

Hand QC
[2013] UKEAT 0174 – 13 – 1810
Employment Rights Act 1996 98(4)
England and Wales


Updated: 01 December 2021; Ref: scu.522356