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Wheeley v University Hospitals Birmingham NHS Trust: EAT 3 Sep 2019

Unfair Dismissal – Contributory Fault
An ET erred in law in its approach to assessing contributory fault following a finding of unfair dismissal arising from conduct which, but for mental health issues, would have amounted to gross misconduct. The ET had failed to follow the approach advocated by the EAT (Langstaff J) in Steen v ASP Packaging Ltd [2014] ICR 56. A cross-appeal was dismissed.

Citations:

[2019] UKEAT 0259 – 18 – 0309

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 20 October 2022; Ref: scu.646850

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