Noor v Metroline Travel Ltd (Unfair Dismissal : Reasonableness of dismissal) [2014] UKEAT 0059_14_1707 (17 July 2014)

Noor v Metroline Travel Ltd (Unfair Dismissal : Reasonableness of dismissal) [2014] UKEAT 0059_14_1707 (17 July 2014)

The Employment Judge was entitled to find that dismissal for covering a CCTV camera, in breach of a clear and well-communicated policy, was within the range of reasonable responses for an employer. The decision was not perverse, and the policy was not shown to be unfair or disproportionate. The appeal on the basis of perversity fails, and the application to admit fresh evidence should be made to the Employment Judge, not the Appeal Tribunal.

Citation
[2014] UKEAT 0059_14_1707
Parties
Appellant/claimant: Mr Kasem Noor; Respondent/employer: Metroline Travel Ltd
Jurisdiction
United Kingdom
Judgment Date
17 July 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Practice and Procedure, New Evidence on Appeal, Gross Misconduct
Employment Law Unfair Dismissal Reasonableness of Dismissal Practice and Procedure New Evidence on Appeal Gross Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Kasem Noor

Appellant/claimant

Metroline Travel Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether dismissal for covering a CCTV camera was within the range of reasonable responses for an employer
  2. 2 Whether the Employment Judge's decision was perverse
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The Employment Judge was entitled to find that dismissal for covering a CCTV camera, in breach of a clear and well-communicated policy, was within the range of reasonable responses for an employer. The decision was not perverse, and the policy was not shown to be unfair or disproportionate. The appeal on the basis of perversity fails, and the application to admit fresh evidence should be made to the Employment Judge, not the Appeal Tribunal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in full
  • No stay pending reconsideration; Claimant may apply to Employment Judge for reconsideration based on fresh evidence