K Pubbi v Your-Move.co.uk

K Pubbi v Your-Move.co.uk

The tribunal found that the respondent was entitled to view the claimant's conscious failure to disclose bankruptcy as a serious matter warranting dismissal, even absent an express contractual or policy requirement, and that the disciplinary and appeal process was fair with proper consideration of mitigation and disability.

Parties
Appellant: Ketan Pubbi; Respondent: Your-Move.co.uk
Jurisdiction
England and Wales
Judgment Date
02 February 2022
Procedural Posture
Employment Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Disability Discrimination, Duty of Disclosure, Gross Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Ketan Pubbi

Appellant

Your-Move.co.uk

Respondent

Procedural Posture

Employment Appeal / Judgment

  1. 1 Whether the dismissal of the claimant for failure to disclose bankruptcy was fair under employment law
  2. 2 Whether the respondent was entitled to expect disclosure absent an express contractual or policy requirement
  3. 3 Whether the disciplinary and appeal process was procedurally fair

Ratio Decidendi

The tribunal found that the respondent was entitled to view the claimant's conscious failure to disclose bankruptcy as a serious matter warranting dismissal, even absent an express contractual or policy requirement, and that the disciplinary and appeal process was fair with proper consideration of mitigation and disability.

Court Disposition

appeal dismissed