Tew v T (Unfair Dismissal : Reasonableness of dismissal) [2014] UKEAT 0394_13_1403 (14 March 2014)

Tew v T (Unfair Dismissal : Reasonableness of dismissal) [2014] UKEAT 0394_13_1403 (14 March 2014)

The Employment Tribunal's finding of unfair dismissal was based on a misreading of the respondent's grievance policy; the policy did not require a stage 1 grievance hearing before disciplinary action, and the manager had discretion to proceed directly to a disciplinary investigation. Therefore, there was no procedural unfairness and the dismissal was fair.

Citation
[2014] UKEAT 0394_13_1403
Parties
Claimant: T; Respondent: TEW
Jurisdiction
United Kingdom
Judgment Date
14 March 2014
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed; finding of unfair dismissal set aside; dismissal found to be fair.
Legal Topics
Unfair Dismissal, Procedural Fairness, Grievance Procedure, Disciplinary Procedure
Employment Law Unfair Dismissal Procedural Fairness Grievance Procedure Disciplinary Procedure

Case Brief

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Parties

T

Claimant

TEW

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant was unfair due to failure to follow the respondent's grievance procedure
  2. 2 Whether the respondent's grievance policy required a stage 1 grievance hearing before disciplinary action

Ratio Decidendi

The Employment Tribunal's finding of unfair dismissal was based on a misreading of the respondent's grievance policy; the policy did not require a stage 1 grievance hearing before disciplinary action, and the manager had discretion to proceed directly to a disciplinary investigation. Therefore, there was no procedural unfairness and the dismissal was fair.

Court Disposition

Appeal allowed; finding of unfair dismissal set aside; dismissal found to be fair.

Orders

  • Substitute a finding that the dismissal was fair.
  • No compensation entitlement arises.