Reasonableness

Case 4: The facts

Mr Strouthos was dismissed for gross misconduct after he used a company vehicle without permission. The Employment Appeal Tribunal held that his dismissal was fair as he had acted dishonestly, and that long service and an unblemished disciplinary record could not make a fair dismissal unfair.

The ruling

The Court of Appeal held that Strouthos was unfairly dismissed. He had not been accused of dishonesty, and the disciplinary panel had not found that he was dishonest. It was unfair to dismiss someone for a charge not made against them.

The Court also held that tribunals are entitled to take into account length of service and previous record in deciding whether dismissal was reasonable.

Strouthos v London Underground [2004] IRLR 636