Workplace Report September 2003

Features: Law Dismissal

Disciplinary procedures

Case 4: The facts

Warren James Jewellers found cash missing from their accounts. The area manager conducted an investigation and suspicion fell on one employee. The employee was dismissed and claimed that the investigation had been inadequate. The employment tribunal found in the employee's favour and the employer appealed.

The ruling

The EAT upheld the ruling. The employers had not carried out a reasonable investigation. The area manager had acted both as the investigating officer and the disciplining and dismissing officer, a course which, in the words of Judge Ansell the EAT chair "if possible should be avoided".

* Warren James Jewellers v Christy EAT/1041/02