Source: All England Reporter
Publisher Citation: [2005] All ER (D) 320 (Nov)
Court: Employment Appeal tribunal

Judge Peter Clark, Mrs A Gallico and Mr B Gibbs

Representation Paul Greatorex (instructed by Surrey County Council) for the appellant.
  Hilary Winstone (instructed by Unison) for the respondent.
Judgment Dates: 23 November 2005


Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Range of reasonable responses - Fairness of disciplinary process - Employer denying employee details of allegations made again him in order to protect confidentiality of complainants - Whether law properly applied. .

The Case

The employment tribunal had erred in substituting their view for that of a reasonable employer. Accordingly the finding of unfair dismissal would be set aside and the matter remitted for rehearing by a fresh tribunal.

Practice Areas

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