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.
Dentons is the world's first polycentric global law firm. A
top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm
is committed to challenging the status quo in delivering consistent
and uncompromising quality and value in new and inventive ways.
Driven to provide clients a competitive edge, and connected to the
communities where its clients want to do business, Dentons knows
that understanding local cultures is crucial to successfully
completing a deal, resolving a dispute or solving a business
challenge. Now the world's largest law firm, Dentons'
global team builds agile, tailored solutions to meet the local,
national and global needs of private and public clients of any size
in more than 125 locations serving 50-plus countries.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The seminar will take place on 31 March 2017. It aims to provide German companies with an overview of the latest developments in relation to insurance coverage, banking transactions and legal aspects of doing business with Iran.
The employment landscape is one that is constantly shifting. Employers who fail to keep up with the changes do so at their peril.
We are pleased to invite you to this seminar, designed to help in-house counsel and HR practitioners get to grips with key recent and forthcoming developments in employment, pensions and immigration law and practice and what they mean for your workforce.
In SSE Generation Limited v Hochtief Solutions AG and another decided on 21st December 2016, the Court of Session in Scotland considered a contractor's potential design liability under the NEC Form of Contract.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).