||All England Reporter
|| All ER (D) 101 (Mar)
||Employment Appeal Tribunal
Elias J, Mr R Lyons and Mrs M McArthur
||The employee appeared by her representative.
||Naomi Cunningham (instructed by Tubervilles, Uxbridge) for the employer.
||15 February 2008
Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Employee dismissed for gross misconduct - Whether employer's investigation fair - Whether employment tribunal dealing adequately with finding of gross misconduct.
The employment tribunal had entitled to conclude that the procedure by which the employee was found to have committed gross misconduct had been unfair. The tribunal's conclusions were not perverse. It had, however, not given any reasons for finding gross misconduct, and it was not clear that it had appreciated that it had to determine that issue for itself. The employee's cross appeal was therefore allowed.
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