The Court of Appeal have passed down an interesting but complex judgement relating to employment issues in Fuller v London Borough of Brent [2011] EWCA Civ 267 (15 March 2011) concerning the test of reasonableness in decisions relating to disciplinary proceedings.
The judgement is particularly relevant because it relates to a school bursar formerly employed by the London Borough of Brent (the Council), who was dismissed for a conduct reason.
The issue in the appeal is whether, as the Council argued successfully before the Employment Appeal Tribunal (EAT), the ET misapplied s.98(4) of the Employment Rights Act 1996 (the 1996 Act) to the facts.
The EAT made an order that the ET decision against the Council should be (a) set aside and (b) replaced by an order dismissing Mrs Fuller’s unfair dismissal claim.
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