Source: All England Reporter
Publisher Citation: [2013] All ER (D) 50 (Mar)
Court: Employment Appeal Tribunal

Judge Hand QC, Mr J Mallender, Mr H Singh

Representation Nigel Moore (instructed by Irwin Mitchell LLP) for the employee. 
  Robert Dickason (instructed by Eversheds LLP) for the employer.
Judgment Dates: 15 October 2012


Unfair Dismissal - Determination whether dismissal fair or unfair - Some other substantial reason justifying dismissal - Employee swearing in front of customer - Employer instituting disciplinary proceedings - Employer referring to previous incidents - Employer dismissing employee on basis of pattern of behaviour based on all incidents - Employee not being given chance to comment on previous incidents - Employee bringing claim for unfair dismissal before employment tribunal - Tribunal dismissing claim - Whether tribunal erring.

The Case

Unfair Dismissal Determination whether dismissal fair or unfair. The Employment Appeal Tribunal, in allowing the employee's appeal against the employment tribunal's decision to dismiss his claim for unfair dismissal, held that in the circumstances, the tribunal had erred in substituting its own judgment for that of the employer.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.