Kwik Save Group Plc v Arkell [1995] UKEAT 556_93_1705 (17 May 1995)

Kwik Save Group Plc v Arkell [1995] UKEAT 556_93_1705 (17 May 1995)

The Industrial Tribunal failed to make necessary findings of fact regarding the employer's belief in misconduct, the reasonableness of that belief, and the sufficiency of the investigation, and thus failed to properly apply the legal tests for unfair dismissal under s.57(3) and the Burchell case.

Citation
[1995] UKEAT 556_93_1705
Parties
Appellant: Kwik Save Group Plc; Respondent: Mrs Arkell
Jurisdiction
United Kingdom
Judgment Date
17 May 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, Gross Misconduct, Procedural Fairness, Tribunal Reasoning
Employment Law Unfair Dismissal Gross Misconduct Procedural Fairness Tribunal Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

Kwik Save Group Plc

Appellant

Mrs Arkell

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal correctly applied the legal test for unfair dismissal under s.57(3) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the Tribunal made necessary findings of fact regarding the employer's belief in misconduct and the reasonableness of that belief
  3. 3 Whether the Tribunal properly reviewed the sufficiency of the employer's investigation

Ratio Decidendi

The Industrial Tribunal failed to make necessary findings of fact regarding the employer's belief in misconduct, the reasonableness of that belief, and the sufficiency of the investigation, and thus failed to properly apply the legal tests for unfair dismissal under s.57(3) and the Burchell case.

Court Disposition

appeal allowed

Orders

  • Case remitted for rehearing before a freshly constituted Tribunal