APPEAL BY L AGAINST K [2021] ScotCS CSIH_35 (07 July 2021)

APPEAL BY L AGAINST K [2021] ScotCS CSIH_35 (07 July 2021)

The employer's decision to dismiss for SOSR, based on safeguarding and trust concerns, was within the band of reasonable responses and did not require proof of guilt; procedural fairness was not breached by absence of reputational risk in disciplinary letter.

Source-derived case information.

Citation
[2021] ScotCS CSIH_35
Parties
Appellant: L; Respondent: K
Jurisdiction
Scotland
Judgment Date
07 July 2021
Procedural Posture
Appeal From Employment Appeal Tribunal / Final Appellate Judgment
Outcome
Appeal allowed; EAT decision recalled; ET's dismissal of unfair dismissal claim restored.
Legal Topics
Unfair Dismissal, Some Other Substantial Reason (sosr), Child Protection, Reputational Risk, Procedural Fairness
Employment Law Unfair Dismissal Some Other Substantial Reason (sosr) Child Protection Reputational Risk Procedural Fairness

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Parties

L

Appellant

K

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Final Appellate Judgment

Legal Issues

  1. 1 Whether dismissal for SOSR under section 98(1)(b) Employment Rights Act 1996 was fair
  2. 2 Whether procedural fairness was observed in disciplinary process
  3. 3 Whether reputational risk justified dismissal

Ratio Decidendi

The employer's decision to dismiss for SOSR, based on safeguarding and trust concerns, was within the band of reasonable responses and did not require proof of guilt; procedural fairness was not breached by absence of reputational risk in disciplinary letter.

Court Disposition

Appeal allowed; EAT decision recalled; ET's dismissal of unfair dismissal claim restored.

Orders

  • The EAT's decision is recalled.
  • The ET's order dismissing the claim of unfair dismissal is restored.