Schuh Ltd v Kacperski (Unfair Dismissal : Reasonableness of dismissal) [2013] UKEAT 0050_12_1604 (16 April 2013)

Schuh Ltd v Kacperski (Unfair Dismissal : Reasonableness of dismissal) [2013] UKEAT 0050_12_1604 (16 April 2013)

The Employment Tribunal erred in law by applying too high a test for dismissal, requiring proven misconduct rather than a reasonable belief, and failed to adequately explain its reasoning regarding the Respondent's investigation and belief. The appeal succeeds and the case is remitted to a freshly constituted Tribunal.

Source-derived case information.

Citation
[2013] UKEAT 0050_12_1604
Parties
Respondent: Schuh; Claimant: Mr Kacperski
Jurisdiction
United Kingdom
Judgment Date
16 April 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment set aside
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Contributory Fault, Procedural Fairness
Employment Law Unfair Dismissal Reasonableness of Dismissal Contributory Fault Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Schuh

Respondent

Mr Kacperski

Claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal of the Claimant was unfair under section 98(2) Employment Rights Act 1996
  2. 2 Whether the Respondent conducted a reasonable investigation
  3. 3 Whether the Respondent had a reasonable belief in the Claimant's misconduct

Ratio Decidendi

The Employment Tribunal erred in law by applying too high a test for dismissal, requiring proven misconduct rather than a reasonable belief, and failed to adequately explain its reasoning regarding the Respondent's investigation and belief. The appeal succeeds and the case is remitted to a freshly constituted Tribunal.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside

Orders

  • Case remitted to a freshly constituted Employment Tribunal for rehearing