Source: All England Reporter
Publisher Citation: [2001] All ER (D) 485 (Nov)
Court: Employment Appeal Tribunal, Scotland
Judge:

Lord Johnston, Mr A McQuaker and Mr P Hunter
Representation S Helson of Mackay Simon, Glasgow for the appellant.
  A Philip of Ross Harper, Glasgow for the respondent.
Judgment Dates: 28 November 2001

Catchwords

Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Employer accusing employee of theft - Employment tribunal concluding employer not carrying out sufficient investigation - Tribunal refusing to grant employer adjournment after employee adducing evidence late - Employer appealing - Whether tribunal erring in refusing adjournment.

The Case

An employment tribunal had been entitled to refuse to grant an adjournment to an employer, where evidence had been adduced late, in circumstances where the question raised by that evidence had been wholly separate from the reason for the final decision of the tribunal, which had been freestanding on the question as to whether or not an adequate investigation into a claim of theft had been carried out.

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