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The Employment Appeal Tribunal dismissed an appeal against findings on protected disclosures, health and safety dismissal, statutory rights, and wages.
The Employment Tribunal erred in concluding that the dismissal was fair and within the range of reasonable responses. The Tribunal failed to properly consider the claimant’s genuine, albeit mistaken, belief about his contractual rights, the lack of communication regarding the policy change, and the procedural deficiencies in the disciplinary process. The findings regarding fairness were at odds with the Tribunal’s own factual findings, and no reasonable tribunal, properly directing itself, could have found the dismissal fair in these circumstances.
Source excerpt
The EAT dismissed GC Group Ltd’s appeal against a finding of constructive unfair dismissal, holding the tribunal applied the correct objective test.
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