Najjary v Aramark Ltd [2012]
Decision Number:
Published on: 21/09/2012
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Background
In October 2009, the claimant was summarily dismissed for gross misconduct from his 60position as a hospitality manager for the respondent company. The respondent initially used three incidents which it considered amounted to gross misconduct by the claimant to justify the dismissal. Following an internal appeal by the claimant, the respondent upheld the dismissal on the basis of just one of the alleged misconduct incidents, the others having been put aside or simply not mentioned by the appeals officer. That incident concerned a failure by the claimant to check a function room booking sheet, which led to customer complaint. The respondent had therefore not considered the previous disciplinary matters on the claimant‟s record, one of which was under appeal at the time of his dismissal. The Employment Tribunal was not permitted to find that the claimant had contributed to his dismissal as a result of previous matters, as Tribunals may not substitute a reason or supply an additional reason upon which the employer had not relied at the time. The EAT also stated that, "To have taken both the earlier warnings and the matters which had led to them into account would have, in any event, been in error, given that the appeal in relation to the second warning had still been extant at the time of dismissal." http://bit.ly/Yzclgw
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The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 21/09/2012
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