Zaki v Marston’s PLC, [2014] All ER (D) 72
The Employment Appeal Tribunal (EAT) allowed the employee's appeal concerning his unfair dismissal claim, determining that the original employment tribunal had not adequately addressed specific findings concerning alleged misconduct.
Key Principles
Accurate and specific fact-finding is crucial in determining issues related to contribution and wrongful dismissal.
Any oversight or omission in examining specific misconduct allegations can be grounds for an appeal in unfair dismissal cases.
Facts and Application of the law
The employee had lodged a complaint of unfair dismissal, which the initial employment tribunal upheld. However, the tribunal applied a 75% deduction based on the Polkey principles and a further 75% for contribution. The tribunal dismissed the employee's complaint concerning wrongful dismissal. Upon appeal to the EAT, it was observed that the initial tribunal had not sufficiently examined and made explicit factual findings about the misconduct alleged against the employee. This lapse was particularly relevant to both the issues of contributory fault and wrongful dismissal.
Given these inadequacies, the EAT determined that the matter needed further examination by the same tribunal, focusing solely on the provided submissions.
For those aiming to appeal to the Employment Appeal Tribunal after an Employment Tribunal decision, this case highlights the importance of ensuring all misconduct allegations are precisely addressed and factually grounded. Any oversight in this regard can challenge the fairness of the dismissal finding.
