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
Legal Issues
- 1 Whether the dismissal of the claimant for failure to disclose bankruptcy was fair under employment law
- 2 Whether the respondent was entitled to expect disclosure absent an express contractual or policy requirement
- 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
Full Case Text
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