Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Law for Business

Knowhow - guidance - precedents

12 SEP 2012

Identifying reason for dismissal

The EAT in Screene v Seatwave considered the consequences of a discrepancy between the reason for dismissal given in a dismissal letter and the reason given in the ET3.

The claimant was a financial controller, dismissed by his employer for gross negligence after failing to prevent a large-scale fraud. The tribunal found that his dismissal was for conduct reasons and was fair in the circumstances. The claimant appealed on the basis that the ET3 had pleaded capability (rather than conduct) as the reason for dismissal and the tribunal had therefore substituted its own view and failed to direct itself properly. The EAT dismissed the appeal and held that a tribunal was entitled to make a decision on the basis of what it considered the reason for dismissal to be, as long as this did not prejudice the claimant. In this case, the decision to dismiss was based on the same set of facts, no matter how the dismissal was labelled, and the claimant had therefore suffered no prejudice.

Jordan Publishing Company Administration and Governance

Jordan Publishing Company Administration and Governance

"This is an indispensable aid to the busy company secretary. The text is clear, the precedents...

Available in Company Law Online
Jordan Publishing Charities Administration Service

Jordan Publishing Charities Administration Service

The practical, reliable and easy-to-use guide on running your charity

Available in Charity Law Online
Subscribe to our newsletters