Conduct

Case 14: The facts

Following allegations of misconduct, two officers at a day centre refused to attend an investigation or disciplinary hearing. The hearing proceeded without them and they were dismissed.

At the disciplinary hearing, a third party gave evidence that both employees had falsely obtained sick notes so that they did not have to attend the hearing. This evidence was not given to the employees prior to their dismissal.

The ruling

The Employment Appeal Tribunal held that the employees should have been given the evidence. The tribunal had not properly considered that point, and the case was remitted to a new tribunal.

Pratt and Whittington v Trustees of the Grace Eyre Foundation UKEAT/0037/04