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Unfair dismissal/ misconduct: Employer acted reasonably in refusing cross-examination at disciplinary hearing

This report relates to 1 case(s)

  • expand disabled

    Santamera v Express Cargo Fowarding t/a IEC Ltd [2003] IRLR 273 EAT (0 other reports)

Key points

In Santamera v Express Cargo Forwarding t/a IEC Ltd 26.11.02 EAT 780/01, the EAT holds:

  • An employment tribunal was entitled to find that an employer carried out a reasonable investigation and disciplinary hearing in respect of allegations that the employee had bullied and intimidated colleagues, notwithstanding that it refused the employee's requests to cross-examine those colleagues, and that the employee's dismissal was fair.
  • Although there is no requirement in law for an employer to allow an employee accused of misconduct to cross-examine his or her accusers, this does not exclude the possibility that cases may arise in which the employer cannot act reasonably unless cross-examination of a particular witness is permitted.