London Borough Of Brent v Finch (Unfair Dismissal : Reasonableness of dismissal) [2011] UKEAT 0418_11_2911 (29 November 2011)

London Borough Of Brent v Finch (Unfair Dismissal : Reasonableness of dismissal) [2011] UKEAT 0418_11_2911 (29 November 2011)

The Employment Tribunal erred by rejecting the employer's stated reasons for dismissal and substituting dishonesty as the reason without evidential basis or proper findings. The Tribunal failed to apply the Burchell test to the three specific allegations, did not address the admissions made by the Claimant, and did not properly match its findings to the allegations. The Tribunal's approach to both procedural and substantive fairness was flawed, requiring the judgment to be set aside and the case remitted to a differently constituted Tribunal.

Citation
[2011] UKEAT 0418_11_2911
Parties
Appellant/respondent: London Borough of Brent; Claimant/respondent: Miss Finch
Jurisdiction
United Kingdom
Judgment Date
29 November 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment set aside; case remitted to a differently constituted Tribunal for rehearing.
Legal Topics
Unfair Dismissal, Misconduct, Procedural Fairness, Burchell Test, Band of Reasonable Responses, Contributory Conduct, Polkey Reduction
Employment Law Unfair Dismissal Misconduct Procedural Fairness Burchell Test Band of Reasonable Responses Contributory Conduct Polkey Reduction

Case Brief

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Parties

London Borough of Brent

Appellant/respondent

Miss Finch

Claimant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the dismissal was for dishonesty rather than misconduct as alleged by the employer
  2. 2 Whether the Tribunal properly applied the Burchell test to the reasons advanced for dismissal
  3. 3 Whether the Tribunal's findings matched the allegations and evidence presented

Ratio Decidendi

The Employment Tribunal erred by rejecting the employer's stated reasons for dismissal and substituting dishonesty as the reason without evidential basis or proper findings. The Tribunal failed to apply the Burchell test to the three specific allegations, did not address the admissions made by the Claimant, and did not properly match its findings to the allegations. The Tribunal's approach to both procedural and substantive fairness was flawed, requiring the judgment to be set aside and the case remitted to a differently constituted Tribunal.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside; case remitted to a differently constituted Tribunal for rehearing.

Orders

  • Employment Tribunal judgment set aside
  • Case remitted to a differently constituted Tribunal for rehearing