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Misconduct: Inadequate investigation made dismissal for alleged assault unfair

This report relates to 1 case(s)

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    Medway Community Living Services Ltd v Poole EAT/59/99 (0 other reports)

In Medway Community Living Services Ltd v Poole 16.11.99 EAT 59/99, the EAT sets aside an employment tribunal's finding that, even if an employee had smacked a boy in his care, dismissal was outside the band of reasonable responses. On the undisputed evidence before the tribunal, that finding was plainly and unarguably wrong. However, the tribunal's decision that the dismissal was unfair stood, on the basis of its consecutive, free-standing finding that the employer had failed to carry out an adequate investigation.