Source: All England Reporter
Publisher Citation: [2011] All ER (D) 80 (Jun)
Court: Employment Appeal Tribunal
Judge:

Judge Richardson
Representation The employee was debarred.
  Scott Pearman (instructed by Computers in the City Ltd) for the employer.
Judgment Dates: 4 May 2011

Catchwords

EMPLOYMENT - DISMISSAL - WRONGFUL DISMISSAL - EMPLOYER DISMISSING EMPLOYEE FOR USING HIS COMPUTER AT WORK FOR PURPOSES OTHER THAN RELATING TO HIS WORK - EMPLOYER TRIBUNAL CONCLUDING THAT EMPLOYEE NOT GUILTY OF SERIOUS MISCONDUCT - EMPLOYER CONTENDING TRIBUNAL NOT TAKING ANY ACCOUNT OF ITS CASE THAT EMPLOYEE DISHONEST WHEN BEING INTERVIEWED ABOUT MATTERS RELATING TO USE OF HIS COMPUTER AT WORK - WHETHER TRIBUNAL ERRING.

The Case

EMPLOYMENT DISMISSAL. The Queen's Bench Division remitted the employee's complaint of wrongful dismissal to the employment tribunal where the tribunal had overlooked the potential force of the employer's case that the employee had been dishonest when he was interviewed about matters relating to the use of his computer at work.

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