ORAC Software Technology TD v Mahoney & Ors [2003] UKEAT 1160_02_2102 (21 February 2003)

ORAC Software Technology TD v Mahoney & Ors [2003] UKEAT 1160_02_2102 (21 February 2003)

The Tribunal correctly applied the objective standard of the reasonable employer and found that the writing of the letter did not amount to misconduct and no reasonable employer would consider it as such; therefore, the dismissal was unfair.

Citation
[2003] UKEAT 1160_02_2102
Parties
Applicant: Applicant; Respondent: Orac Software Technology Ltd
Jurisdiction
United Kingdom
Judgment Date
21 February 2003
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Employment Contract, Disciplinary Procedure
Employment Law Unfair Dismissal Employment Contract Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Orac Software Technology Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of the Applicant for writing a letter constituted unfair dismissal
  2. 2 Whether the Employment Tribunal substituted its own judgment for that of the employer

Ratio Decidendi

The Tribunal correctly applied the objective standard of the reasonable employer and found that the writing of the letter did not amount to misconduct and no reasonable employer would consider it as such; therefore, the dismissal was unfair.

Court Disposition

Appeal dismissed

Orders

  • Detailed calculations for compensation by the Employment Tribunal to be implemented
  • Respondent to pay admitted and adjudged liabilities forthwith with statutory interest