JDB Plastics Ltd v. Dolby [2000] UKEAT 1263_00_2203 (22 March 2000)

JDB Plastics Ltd v. Dolby [2000] UKEAT 1263_00_2203 (22 March 2000)

The Tribunal arguably erred by applying a test of wholly conclusive evidence rather than reasonable grounds for belief, and by failing to consider the employee's prior disciplinary record and the fact that he was already on a final written warning.

Citation
[2000] UKEAT 1263_00_2203
Parties
Employee: Mr Dolby; Employer: Employer (unnamed)
Jurisdiction
United Kingdom
Judgment Date
22 March 2000
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Compensation, Contributory Conduct
Employment Law Unfair Dismissal Disciplinary Procedure Compensation Contributory Conduct

Case Brief

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Parties

Mr Dolby

Employee

Employer (unnamed)

Employer

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal was unfair
  2. 2 Whether the employer had reasonable grounds for belief in misconduct
  3. 3 Appropriateness of penalty for misconduct

Ratio Decidendi

The Tribunal arguably erred by applying a test of wholly conclusive evidence rather than reasonable grounds for belief, and by failing to consider the employee's prior disciplinary record and the fact that he was already on a final written warning.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appeal to be heard on all grounds set out in the notice of appeal