Source: All England Reporter
Publisher Citation: [2002] All ER (D) 379 (Nov)
Court: Employment Appeal Tribunal

Wall J, Lord Davies of Coity and Mr D Hodgkins

Judgment Dates: 26 November 2002


Employment - Unfair dismissal - Misconduct - Procedure adopted by employer - Employee not having opportunity to cross examine witnesses at disciplinary hearing - Fairness of employer's procedure.

The Case

In a dismissal based on conduct, it was sufficient for the employer to have a genuine belief that the employee had behaved in the manner alleged, to have reasonable grounds for that belief, and to have conducted an investigation which was fair and proportionate to the employer's capacity and resources. The employer had to act fairly, but fairness did not require a forensic or quasi-judicial investigation, for which the employer might not have the qualifications or resources.

Practice Areas

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