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Unfair dismissal: Perceived commercial interest key to 'SOSR'

This report relates to 1 case(s)

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    Richardson v Scott & Co [2005] All ER (D) 87 (Jun) EAT (0 other reports)

In Scott & Co v Richardson 26.4.05, EATS/0074/04, the EAT holds that the employment tribunal failed to apply the correct tests to discover whether the employer had some other substantial reason for dismissing the employee and substituted its own view of the evidence, leading to the conclusion that the employer had no other substantial reason for dismissal. Because the tribunal had applied the wrong test to the employer's reason, it then failed to go on to apply the reasonableness test to that reason, confusing the reasonableness of the dismissal with the reasonableness of the other substantial reason and, wrongly, found the dismissal unfair.