Source: All England Reporter
Publisher Citation: [2008] All ER (D) 96 (Aug)
Court: Employment Appeal Tribunal

Judge Peter Clark, Mrs L Tinsley and Mr B Warman

Representation Andrew Midgley (instructed by John Collins & Partners LLP) for the employee.
  Nigel Porter (instructed by DLA Piper LLP) for the employer.
Judgment Dates: 20 June 2008


Employment - Unfair dismissal - Complaint - Allegation of sexual harassment made against employee - Investigation conducted - Employee subsequently being dismissed after disciplinary process - Employee's appeal against decision to human resources dismissed - Employee commencing proceedings for unfair dismissal - Employment tribunal finding that dismissal unfair - Whether tribunal erring.

The Case

Employment Unfair dismissal. Where the employee had been dismissed for sexual harassment of a female colleague, following which the employee commenced proceedings alleging unfair dismissal, the employment tribunal's approach had been fatally flawed in law. Its treatment of the reasonableness of the employer's investigation left much to be desired, and it had expressed no concluded view on the reasonableness of the disciplinary investigation conducted by the store manager, nor an appeal conducted by human resources.

Practice Areas

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