Dismissal decision fair – restored by Court of Appeal
Interestingly, prior to the Tribunal claim, the Claimant was tried and acquitted of theft in the Criminal Courts. It is therefore understandable by he would feel aggrieved at losing an unfair dismissal claim. However, this case endorses the fact that in cases of dismissal it is the employer’s reasonable belief which has to be taken into account and is the point on which the Tribunal should focus in deciding unfair dismissal claims. In this case, the Court of Appeal held that the employer did have a reasonable belief that the employee was not telling the truth.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.