West Coast Trains Ltd (T/A Virgin Trains) v Tombling: EAT 2 Apr 2009

EAT UNFAIR DISMISSAL: Reasonableness of dismissal
Employee dismissed for deliberately breaking the IRIS screen in her buffet car on one of the Appellant’s trains. The Employment Tribunal found that the Appellant had failed to satisfy two of the limbs of Burchell [1978] IRLR 379. Various grounds of appeal affecting the Tribunal’s reasoning. Appeal dismissed on the basis that the Tribunal was entitled to come to the conclusions it did on the evidence before it.

Judges:

Birtles J

Citations:

[2009] UKEAT 0295 – 08 – 0204

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedJ 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: 24 July 2022; Ref: scu.331203