In McCafferty v Royal Mail the EAT confirmed that the two lay tribunal members were entitled to find that the dismissal of an employee for alleged dishonesty was fair, even though the employment judge disagreed. There was a reasonable basis on which to conclude there had been fraud and that the employer’s response was within the band of reasonable responses. The employment judge had substituted her own views for that of the employer, whereas the lay members reached their decision on the facts of the case, drawing on their ‘valuable common sense and knowledge’, and had applied the right statutory test. In giving its judgment the EAT expressed concerns about the change in the law which now allows an employment judge to hear unfair dismissal cases sitting alone.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
