| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 232 (Dec) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Reid QC, Mr B V Fitzgerald and Sir Gavin Laird |
| Representation | Peter Asteris (instructed by Steele Raymond, Bournemouth) for the applicant. |
| Christopher Strachan (instructed by Wright Son & Pepper) for the respondent. | |
| Judgment Dates: | 7 December 2001 |
Catchwords
Employment - Unfair dismissal - Reason for dismissal - Conduct - Employee responsible for wine stock and holding money from sales in own bank account - Employer summarily dismissing employee for gross misconduct - Employee offering explanation for conduct and records of sales and purchases - Tribunal finding employer's failure to carry out proper investigation rendering dismissal unfair - Whether tribunal in error.
The Case
An employment tribunal had made the finding that the applicant had given a detailed explanation for the reduction in the respondent's hotel's wine stock and the money in his bank account, which was supported by the evidence of the hotel manageress. The tribunal found that a reasonable employer ought at least to have investigated the applicant's own records and the lack of any proper investigation into the applicant's explanation rendered the dismissal unfair. In those circumstances, there was no basis upon which to upset the tribunal's decision.
Practice Areas
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