Source: All England Reporter
Publisher Citation: [2003] All ER (D) 226 (Apr)
Court: Employment Appeal Tribunal, Scotland
Judge:

Lord Johnston, Mr M Sibbald and Mr P Hunter
Judgment Dates: 24 February 2003

Catchwords

Employment - Unfair dismissal - Investigation of misconduct - Basis for compensation - Adequacy of investigation.

The Case

In all the circumstances, an employment tribunal had been entitled to conclude that the employee had been unfairly dismissed on the bases that insufficient investigation of his alleged misconduct had been carried out and that the person who had conducted the employer's disciplinary hearing had not retained an open mind. However, given the revelation that the employee had in fact been working, contrary to what he had told the tribunal, the question of compensation would be remitted to the same tribunal.

Practice Areas

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