Spur Way Foods Ltd v Zafar & Ors (Unfair Dismissal) [2014] UKEAT 0318_14_0710 (07 October 2014)

Spur Way Foods Ltd v Zafar & Ors (Unfair Dismissal) [2014] UKEAT 0318_14_0710 (07 October 2014)

The Tribunal erred by substituting its own view of the facts for the employer's, failing to properly analyze the employer's belief and investigation, and misapplying the burden of proof; the appeal is allowed and the case remitted for rehearing before a fresh Tribunal.

Citation
[2014] UKEAT 0318_14_0710
Parties
Appellant Advocate: Thomas Linden QC; Respondent Advocate: Richard Alford
Jurisdiction
United Kingdom
Judgment Date
07 October 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, Burden of Proof, Reasonableness, Substitution, Notice Pay, Contributory Conduct
Employment Law Unfair Dismissal Burden of Proof Reasonableness Substitution Notice Pay Contributory Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Linden QC

Appellant Advocate

Richard Alford

Respondent Advocate

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Did the Employment Tribunal err by substituting its own view for the employer's in determining unfair dismissal?
  2. 2 Did the Tribunal misapply the burden of proof?
  3. 3 Was the investigation and dismissal decision reasonable under section 98(4) Employment Rights Act 1996?

Ratio Decidendi

The Tribunal erred by substituting its own view of the facts for the employer's, failing to properly analyze the employer's belief and investigation, and misapplying the burden of proof; the appeal is allowed and the case remitted for rehearing before a fresh Tribunal.

Court Disposition

appeal allowed

Orders

  • case remitted for complete rehearing before a different Tribunal