Hills (Patents) Ltd v Lynch [1996] UKEAT 965_95_2301 (23 January 1996)

Hills (Patents) Ltd v Lynch [1996] UKEAT 965_95_2301 (23 January 1996)

The tribunal was entitled to find that the employer did not have reasonable grounds for believing the employee committed perjury and did not act reasonably in dismissing him; the dismissal was unfair.

Citation
[1996] UKEAT 965_95_2301
Parties
Employer: Atherton Factory (Appellants); Employee: Mr Lynch (Respondent)
Jurisdiction
United Kingdom
Judgment Date
23 January 1996
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Reasonableness of Employer's Belief, Conduct Dismissal, Burden of Proof
Employment Law Unfair Dismissal Reasonableness of Employer's Belief Conduct Dismissal Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Atherton Factory (Appellants)

Employer

Mr Lynch (Respondent)

Employee

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal of Mr Lynch was unfair under the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the employer had reasonable grounds for believing the employee committed perjury
  3. 3 Whether the tribunal applied the correct test for reasonableness

Ratio Decidendi

The tribunal was entitled to find that the employer did not have reasonable grounds for believing the employee committed perjury and did not act reasonably in dismissing him; the dismissal was unfair.

Court Disposition

appeal dismissed