EAT UNFAIR DISMISSAL: Reasonableness of dismissal
An Employment Tribunal erred as it focussed upon a decision made by the employer to negotiate a settlement under a procedure leading to a lesser penalty than dismissal. The procedure broke down and at a fair and reasonable hearing the disciplinary panel decided to dismiss the Claimant. The Employment Tribunal wrongly substituted its view for the employer’s in deciding the matters put against the Claimant did not justify dismissal. The Employment Tribunal while misdirecting itself on the burden of proof under ERA s98(4) did not actually apply that misdirection when it made the decision on the reasonableness of the dismissal.
Citations:
[2009] UKEAT 0479 – 08 – 2703, [2009] IRLR 512
Links:
Statutes:
Employment Rights Act 1996 98(4)
Cited by:
Appeal from – Sarkar v West London Mental Health NHS Trust CA 19-Mar-2010
The doctor had been summarily dismissed for gross misconduct. He now appealed against the EAT’s reversal of the finding of unfair dismissal. The original procedure adopted was appropriate to a lesser level of misconduct, but the employer had later . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 23 July 2022; Ref: scu.328011