Maclay & Co Ltd v Clark 12 June 1997 CS

Reports relating to this case:

  • Misconduct: Tribunal wrongly substituted its own view of witness's credibility

    1 October 1998

    In deciding that an employer did not have reasonable grounds for its belief in the guilt of an employee dismissed for misconduct, an employment tribunal substituted its own evaluation of a key witness's evidence for the evaluation of the employer during disciplinary proceedings, and in doing so erred in law, holds the Court of Session in Maclay & Co Ltd v Clark.