Prysmian Cables & Systems Limited v M/S Apple International & Ors
[2023] EWHC 2176 (IPEC)
Brian Burgess v Robert Kempson
5 September 2023
[2023] EWHC 2216 (Ch)
High Court
Someone got fired and said it wasn't fair. A judge agreed because the boss didn't follow the right rules when firing them. The boss didn't properly investigate or let the person explain themselves before firing them.
Key Facts
- •The claimant, a former employee of the defendant, brought a claim for unfair dismissal.
- •The claimant had been dismissed for gross misconduct after allegedly making inappropriate comments to a colleague.
- •The claimant denied making the comments and argued that the dismissal was unfair.
- •An Employment Tribunal found in favour of the claimant, holding that the defendant had not followed a fair procedure.
- •The defendant appealed the Tribunal's decision.
Legal Principles
Employers must follow a fair procedure when dismissing employees for misconduct.
Employment Rights Act 1996
An employer's decision to dismiss an employee will be considered unfair unless the employer can show that it acted reasonably in all the circumstances.
British Homes Stores Ltd v Burchell [1978] IRLR 379
The reasonableness of an employer's decision will be judged in accordance with the standards of a reasonable employer.
Iceland Frozen Foods Ltd v Jones [1982] IRLR 439
Outcomes
The Employment Appeal Tribunal upheld the Employment Tribunal's decision.
The EAT held that the defendant had failed to follow a fair procedure, as they had not properly investigated the claimant's allegations and had not given the claimant an adequate opportunity to respond to the allegations.