In a case where misconduct is admitted by the employee, the requirement of reasonableness in s.98(4) of the Employment Rights Act 1996 relates not only to the outcome in terms of the penalty imposed by the employer, but also to the process by which the employer arrived at that decision, holds the Court of Appeal in Whitbread plc (trading as Whitbread Medway Inns) v Hall.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Reed Business Information Limited trading as XpertHR is an Appointed Representative of Abbey Protection Group Limited which is authorised and regulated by the Financial Conduct Authority.