Unfair dismissal: employee’s admissions

The Employment Appeal Tribunal has held that an Employment Tribunal fell into error when considering the impact of an employee’s admissions of misconduct on the reasonableness of the employer’s investigation.

Given that the employer had relied on the admissions made by the employee during the investigation and at his disciplinary hearing, the question for the Tribunal was whether the employer acted within the range of reasonable responses of the reasonable employer in limiting the scope of its investigation in the light of those admissions.

The Tribunal had drawn conclusions about what would have been discovered had the employer undertaken further investigation and had failed to appreciate the significance of the admissions made by the employee at the time. The case was remitted for a fresh hearing. (CRO Ports London Ltd v Wiltshire UKEAT/0344/14.)

Source: Practical Law Employment Weekly email to 19 March 2015

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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