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Conduct Dismissals

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[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary]

The Court of Appeal has handed down its decision in Salford NHS Trust v Roldan, which is authority for three propositions:-

  • the more serious the consequences of dismissal for the employee, the more careful an investigation is required. Thus, in this case, a more careful investigation was needed because the consequence of dismissal was thta the employee would be deported.
  • an employer faced with a conflict of evidence between two witnesses is not obliged to believe one employee and to disbelieve the other. If it is unable to resolve the conflict, it is perfectly proper to give the alleged wrongdoer the benefit of the doubt.
  • where a tribunal has properly directed itself in accordance with Burchell v British Home Stores, its conclusion should not be overturned unless there is no evidence to support it, or unless it is perverse.