London Borough of Brent v Fuller UKEAT/ 0453/09/JOJ

Appeal by respondent against decision by Tribunal that the claimant was unfairly dismissed. Appeal succeeded.

The Employment Tribunal substituted its judgment for that of the management as to the seriousness of the Claimant’s conduct.  The employer was entitled to rely on an earlier similar incident even though it did not result in a disciplinary sanction, because it alerted the Claimant to the conduct complained of.  The Claimant was not unfairly dismissed.

Published: 10/05/2010 14:50

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