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

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 12.6.97 Court of Session.

Myles Clark was a long-standing employee of Maclay & Co Ltd, a brewery.