This case involved a Claimant that had been dismissed for gross
misconduct taken together with an existing final written warning.
The misconduct (on both occasions) was in relation to invoicing
issues with the latter incident involving the Claimant making a
false submission. The Employment Tribunal (ET) found that the
Claimant's dismissal was unfair, but that the Claimant had
contributed to his dismissal by 50 per cent and therefore ordered
the compensation be reduced accordingly.
However, the Employment Appeal Tribunal (EAT) has found that the
ET had erred in its finding of unfair dismissal because it:
determined an issue that the Claimant
had not raised in his claim form, namely the validity of the
had applied the wrong test – it
asked whether the warning was within the range of reasonable
responses rather than whether the warning had been issued because
of a hidden agenda, was manifestly inappropriate and/or was issued
without grounds; and
substituted its own view for that of
the reasonable employer.
The case has now been remitted to a different tribunal for
Despite the ET's incorrect approach, this is a good reminder
for employers to ensure that the reason(s) for any warning is
clearly documented so there cannot be any concern that a warning is
issued without clear grounds.
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The Court of Appeal has held that where a contract of employment lacks a provision for when notice of termination takes effect, it is effective from when the employee personally takes delivery of the letter containing notice.
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