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Employment law – Unfair dismissal. Court of Session: In a case in which the Employment Tribunal (ET) upheld a complaint of unfair dismissal by a prison officer who was dismissed for gross misconduct and the Employment Appeal Tribunal allowed the employer's appeal, the court, refusing a further appeal by the employee, held that in concluding that the circumstances of the appellant and another prison officer, who was not dismissed, were truly parallel and that to draw a distinction between them as regards sanction was therefore irrational, the ET had erred in law by substituting its own decision instead of asking itself whether the decision to dismiss was one which could have been taken by a reasonable employer.
Employment law – Unfair dismissal. Court of Session: In a case in which the Employment Tribunal (ET) upheld a complaint of unfair dismissal by a prison officer who was dismissed for gross misconduct and the Employment Appeal Tribunal allowed the employer's appeal, the court, refusing a further appeal by the employee, held that in concluding that the circumstances of the appellant and another prison officer, who was not dismissed, were truly parallel and that to draw a distinction between them as regards sanction was therefore irrational, the ET had erred in law by substituting its own decision instead of asking itself whether the decision to dismiss was one which could have been taken by a reasonable employer.
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