Source: All England Reporter
Publisher Citation: [2003] All ER (D) 245 (Jan)
Court: Employment Appeal Tribunal

Peter Clark J, Mr D Chadwick and Mr G Mills

Representation Roderick Moore (instructed by Cobbetts, Manchester) for the appellant.
  The respondent was de-barred from responding.
Judgment Dates: 30 October 2002


Employment - Unfair dismissal - Investigation of misconduct - Implied term of mutual trust and confidence - Application of test.

The Case

An employment tribunal had fallen into error in circumstances where it considered that an employee had been unfairly dismissed, but had failed to consider whether his employer had had reasonable and proper cause for requiring him to take a drugs, test, which it determined had led to a breakdown in trust and confidence.

Practice Areas

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