Central Autopoint Ltd v Jacobs [1997] UKEAT 1024_97_2611 (26 November 1997)

Central Autopoint Ltd v Jacobs [1997] UKEAT 1024_97_2611 (26 November 1997)

The dismissal was unfair because the employer failed to conduct a reasonable investigation and did not have reasonable grounds for belief in misconduct after the investigation; the procedure followed was seriously defective.

Citation
[1997] UKEAT 1024_97_2611
Parties
Appellant: Central Autopoint Ltd; Respondent: Mr A E Jacobs
Jurisdiction
United Kingdom
Judgment Date
26 November 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Misconduct, Procedural Fairness
Employment Law Unfair Dismissal Misconduct Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Central Autopoint Ltd

Appellant

Mr A E Jacobs

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Was Mr Jacobs unfairly dismissed?
  2. 2 Did Central Autopoint Ltd follow a fair procedure in dismissing Mr Jacobs?
  3. 3 Were there reasonable grounds for believing Mr Jacobs guilty of misconduct?

Ratio Decidendi

The dismissal was unfair because the employer failed to conduct a reasonable investigation and did not have reasonable grounds for belief in misconduct after the investigation; the procedure followed was seriously defective.

Court Disposition

appeal dismissed

Orders

  • The appeal of Central Autopoint Ltd is dismissed.
  • The finding of unfair dismissal and the award of £6,029 to Mr Jacobs stand.