Dismissal for assault

Case 6: the facts

Barperson Mrs Carran was dismissed after an allegation that she had assaulted another member of staff. By the time of her dismissal she had been given a police caution for assault in respect of the incident. An employment tribunal found that Carran had been fairly dismissed and she appealed.

The ruling

At a preliminary hearing, the EAT commented that to have received a caution she must have admitted the offence, but that it was not clear that her employer knew at that stage that she had been cautioned. Nevertheless, it held that the employer did not have to make a finding as to whether Carran was guilty of the criminal offence of assault, as statements they had taken during their investigation were enough to establish a reasonable belief that she had committed the assault.